An important element of any criminal justice system is the implementation of a sentencing scheme that is equitable, rational and fair. Because of what might be described as a definitional “artifact” in our case law, there is a serious inequity that has deprived many offenders of the opportunity to seek review or reconsideration of their sentences in any forum.
As a general matter, an “illegal sentence,” for example, a sentence that exceeds the statutory maximum, can be corrected at any time. But there are only two mechanisms by which a sentenced defendant can obtain review of a legal sentence. Certain defendants are eligible to file an application for review of their sentence pursuant to the sentence review statute, Gen. Stat. §51-195, while certain other defendants are eligible to file a motion for sentence modification pursuant to Gen. Stat. §53a-39(a) and P.B. §43-21.
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