denying the state’s motion for permission to appeal
from that decision because the defendant has not yet
been resentenced. The defendant moved to dismiss the
appeal because it is not from a final judgment. The state
claims that the orders are immediately appealable. We
disagree with the state and, therefore, we have granted
the defendant’s motion to dismiss.1
The record reveals the following relevant facts and
procedural history. On April 21, 1995, following a jury
trial, the court accepted a verdict of guilty of one count
of murder in violation of General Statutes § 53a-54a,
and two counts of kidnapping in the first degree in
violation of General Statutes § 53a-92 (a) (2) (B).
On July 20, 1995, the court, Murray, J., conducted a
sentencing hearing. Of relevance to the present matter,
the transcript reflects that, during the hearing, defense
counsel did not make any advocacy statement whatso-
ever on behalf of the defendant. Instead, defense coun-
sel stated, ‘‘I’m handing the court a handwritten state-
ment of the defendant regarding the—for the jury
verdict case, and we have no other comments as far as
sentencing is concerned.’’ The state and the victim’s
family advocated for their sentencing recommenda-
tions, spanning ten pages of the transcript. Defense
counsel responded, ‘‘I have no comment.’’ The court
sentenced the defendant to sixty years of incarceration
for the murder and eighteen years of incarceration on
each of the two counts of kidnapping, to run consecu-
tively, for a total effective sentence of ninety-six years
of incarceration. This court affirmed the judgment of
conviction in 1997, and our Supreme Court granted
certification to appeal, but subsequently dismissed the
appeal as improvidently granted. State v. Sinchak, 47
1
On September 4, 2024, this court granted the defendant’s motion to
dismiss the appeal and indicated that an opinion would follow. This opinion
explains the reasons for our determination.
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