State v. Menditto
Annotate this CaseIn 2009, Defendant pleaded guilty to two charges of possession of less than one-half ounce of marijuana. In 2011, during his probation period, Defendant was again charged with possession of less than one-half ounce of marijuana. Later that year, the legislature enacted No. 11-71 of the 2011 Public Acts (P.A. 11-71), which changed the penalty for possessing less than one-half ounce of marijuana from a potential term of imprisonment and/or a large fine to a small fine. Defendant subsequently petitioned for the destruction of the records of his two 2009 convictions pursuant to Conn. Gen. Stat. 54-142d, which allows for the erasure and destruction of records pertaining to a conviction that has later been decriminalized. The trial court denied relief. The Appellate Court affirmed, holding that, after the passage of P.A.11-71, the possession of less than one-half ounce of marijuana was not “decriminalized” within the meaning of section 54-142d. The Supreme Court reversed in part, holding that P.A. 11-71 decriminalized the possession of less than one-half ounce of marijuana for purposes of section 54-142d.
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