State v. Chicano

In State v. Chicano, 216 Conn. 699, 706, 584 A.2d 425 (1990), cert. denied, 501 U.S. 1254, 111 S. Ct. 2898, 115 L. Ed. 2d 1062 (1991), the state requested that the court vacate the sentence only and not the conviction. The court stated that "the procedural format of this request is consistent with the procedure followed by the Second Circuit Court of Appeals . . . but it is not consistent with the procedure followed by this court in prior cases involving successful double jeopardy claims." State v. Chicano, supra, 216 Conn. 721-22 n.18. Moreover, the court noted that "a majority of the circuits follow the procedure of vacating both the conviction and the sentence on the lesser offense . . . however the procedure of vacating only the sentence has found support in at least three circuits other than the Second Circuit." . Id. at 724 n.19. The Court in Chicano determined that the "Second Circuit's approach to this procedural issue adequately addresses the dual concerns relating to a subsequent reversal of the remaining conviction and subjecting a defendant to the collateral consequences of multiple convictions." Id., 725. The court held, therefore, that the proper procedure when a court has imposed multiple punishments for the same offense is to vacate only the additional sentence and not the conviction. Id. The Court considered whether both the conviction and the sentence should be vacated or only the sentence should be vacated. After weighing the concerns relating to subsequent reversal of the judgment as to the remaining conviction and subjecting a defendant to the collateral consequences of multiple convictions, the court held that the proper procedure is to combine the convictions, but to vacate one sentence so that if one of the convictions was later invalidated, the sentence on the other could be reinstated. Id., 725. The court stated that this procedure is "consistent with the procedure followed by the Second Circuit Court of Appeals. Further, the court noted that although a majority of the federal circuit courts of appeal follow the procedure of vacating the conviction and the sentence on the lesser offense, the procedure of vacating only the sentence has found support in the Second Circuit and at least three other circuits. Id., 724 n.19. The Chicano court concluded that the "Second Circuit's approach to this procedural issue adequately addresses the dual concerns relating to a subsequent reversal of the remaining conviction and subjecting a defendant to the collateral consequences of multiple convictions." Id., 725. Thus, Chicano held that the proper procedure when multiple punishments have been imposed for the same offense is to vacate only the additional sentence and not the conviction.