State v. Brescia
Certification was improvidently granted in this appeal to determine whether the Appellate Court properly concluded that the trial court lacked subject matter jurisdiction over the defendant's motion filed under Practice Book §43-22 to correct an illegal sentence imposed after a summary criminal contempt proceeding pursuant to C.G.S. §51-33. During criminal sentencing proceedings on March 10, 2006, the trial court found the defendant, Mark Brescia, to be in contempt of the court. During the summary contempt proceeding the defendant admitted that his conduct constituted contempt. Brescia was sentenced to six months imprisonment. On Sept. 17, 2008, the defendant filed a motion to correct an illegal sentence or disposition pursuant to Practice Book §43-22 claiming that the contempt sentence was imposed in an illegal manner, thereby rendering it invalid. The trial court dismissed the motion for lack of subject matter jurisdiction concluding that the defendant's sole remedy was by writ of error. The Appellate Court affirmed the trial court's judgment. The Supreme Court granted the defendant's petition for certification to appeal limited to the issue of whether the Appellate Court properly concluded that the trial court lacked subject matter jurisdiction over the defendant's motion. After examining the record on appeal and considering the briefs and oral arguments of the parties, the Supreme Court determined that the appeal should be dismissed on the ground that certification was improvidently granted.