State v. Winer

In State v. Winer, 69 Conn. App. 738, 796 A.2d 491, cert. denied, 261 Conn. 909, 806 A.2d 50 (2002), the Appellate Court of Connecticut rejected Winer's contention that a sentence of eight years, with all but two years suspended, followed by five years of probation, exceeded the terms of his plea agreement. There, Winer had agreed to plead guilty in exchange for a maximum of two years' incarceration. Winer, 69 Conn. App. at 746, 796 A.2d at 497. The court noted that, at sentencing, Winer agreed to "an executed sentence of two years incarceration, plus a suspended sentence that could be as long as thirty years." Id., 69 Conn. App. at 748, 796 A.2d at 497. The court further noted: While not required to serve a sentence when imposed, a suspended sentence contemplates the possibility that the defendant could be required to serve the sentence imposed at some later time. It is disingenuous for the defendant now to state that he thought that the maximum amount of time he could be incarcerated for was limited to two years when he specifically acknowledged that he could receive a suspended sentence of up to thirty years. Id., 69 Conn. App. at 748, 796 A.2d at 498. The court also opined that Winer's failure to object to the probation for a period of fourteen months made "clear that Winer contemplated a period of probation when he entered into his plea agreement." Id., 69 Conn. App. at 753, 796 A.2d at 500.