Opinion
AC 41803
11-05-2019
STATE of Connecticut v. Jerome RIDDICK
Jerome Riddick, self-represented, the appellant (defendant) filed a brief. Nancy L. Walker, assistant state's attorney, with whom, on the brief, were Maureen Platt, state's attorney, and Patrick Griffin, state's attorney, for the appellee (state).
Jerome Riddick, self-represented, the appellant (defendant) filed a brief.
Nancy L. Walker, assistant state's attorney, with whom, on the brief, were Maureen Platt, state's attorney, and Patrick Griffin, state's attorney, for the appellee (state).
DiPentima, C.J., and Keller and Prescott, Js.
PER CURIAM In this appeal from the denial of a motion to correct a judgment mittimus, the defendant, Jerome Riddick, claims that the trial court improperly denied his motion on the ground that he was not entitled to the presentence confinement credit he claimed. We conclude that the court should have dismissed the motion rather than denied it because, as we previously have determined, a petition for a writ of habeas corpus, rather than a motion directed at the sentencing court, is the proper method to challenge the Commissioner of Correction's application of presentence confinement credit. See General Statutes § 18-98d ; State v. Montanez , 149 Conn. App. 32, 41, 88 A.3d 575 (holding that court properly dismissed for lack of subject matter jurisdiction motion to revise judgment mittimus raising claim of misapplication of presentence confinement credit), cert. denied, 311 Conn. 955, 97 A.3d 985 (2014) ; State v. Carmona , 104 Conn. App. 828, 833, 936 A.2d 243 (2007) (habeas proceeding, rather than motion to correct illegal sentence, proper method to assert claim concerning presentence confinement credit), cert. denied, 286 Conn. 919, 946 A.2d 1249 (2008). Accordingly, the court lacked jurisdiction over the defendant's motion and should have dismissed it rather than denied it. The form of the judgment is improper, the judgment denying the defendant's motion to correct a judgment mittimus is reversed and the case is remanded with direction to render judgment dismissing the defendant's motion.