Miller v. Commissioner of Correction
In Miller v. Commissioner of Correction, 29 Conn. App. 773, 778-79, 617 A.2d 933 (1992), the defendant entered into a plea agreement with the state, which provided that the maximum sentence he could receive would be fifteen years incarceration, with a maximum sentence of four years more than the incarcerated portion of the sentence suspended upon release, and three years probation. Id., at 774. When sentenced, the defendant received a prison term of seventeen and one-half years, execution suspended after thirteen and one-half years, in compliance with the plea bargain. Id. The court, however, imposed four years of probation. Id.
The defendant subsequently brought a writ of habeas corpus, claiming that the sentence he received exceeded the terms of the plea agreement. Id., at 775.
The Court affirmed the habeas court's decision that the trial court did not sentence the defendant within the parameters of the plea agreement when it sentenced the defendant to a period of four years probation when the agreement he had entered into with the state provided for only three years of probation. Id., at 780.
In Miller, the defendant objected to the sentence he received three weeks after it was imposed. Id., at 775.