ROGERS, C.J.
The principal issue in this appeal is whether General Statutes § 53a-35b,
To provide context for our discussion of the facts and procedural history of this case, we must set forth the legislative genealogy of the relevant statutes. Before July 1, 1981, all felonies, with limited exceptions, were punishable by an indeterminate sentence of imprisonment. See General Statutes (Rev. to 1981) § 53a-35. Under this scheme, the trial court was authorized "to set both the minimum and maximum portion of the sentence . . . [and] parole eligibility is established at the minimum less any good time used to reduce that minimum term." (Citations
With this background in mind, we review the undisputed facts and procedural history of the present case. In 1980, the petitioner was convicted, after a jury trial, of capital felony and felony murder in connection with the shooting death of a police officer on November 21, 1977. The trial court originally imposed consecutive sentences of not less than twenty-five years to life on each charge for a total effective sentence of fifty years to life imprisonment. Upon the petitioner's motion to correct the illegal sentence, the trial court modified its judgment and sentenced the petitioner to a net effective sentence of twenty-five years to life. Thereafter, the petitioner appealed from the judgment of conviction to this court, and this court remanded the case to the trial court for a hearing on the question of whether the petitioner was entitled to a new trial because the jurors had been instructed that they could discuss the case among themselves before it was formally submitted to them for deliberation. State v. Castonguay, 194 Conn. 416, 436-37, 481 A.2d 56 (1984). After the hearing, a new trial was ordered and a jury again found the petitioner guilty of both charges. State v. Castonguay, 218 Conn. 486, 489, 590 A.2d 901 (1991). On August 25, 1988, the trial court sentenced the petitioner to two consecutive sentences of twenty-five years to life. Thereafter, on December 19, 1989, pursuant to the petitioner's motion, the trial court vacated one of the sentences and sentenced the petitioner to an indeterminate sentence of twenty-five years to life pursuant to § 53a-35. The petitioner again appealed from the judgment of conviction to this court and this court affirmed the judgment of the trial court. Id., at 512, 590 A.2d 901.
The petitioner filed a petition for writ of habeas corpus claiming that he was unlawfully confined because the maximum portion of his indeterminate sentence—life imprisonment—was a definite term of sixty years pursuant to § 53a-35b, and the respondent had unlawfully refused to apply the various credits against that term.
The petitioner claims that the habeas court improperly denied his petition for writ of habeas corpus and his petition for certification to appeal from that denial. Specifically, the petitioner claims that, because § 53a-35b plainly and unambiguously defines "imprisonment for life" as a
"We begin by setting forth the applicable standard of review and procedural hurdles that the petitioner must surmount to obtain appellate review of the merits of a habeas court's denial of the habeas petition following denial of certification to appeal. In Simms v. Warden, 229 Conn. 178, 187, 640 A.2d 601 (1994), we concluded that ... § 52-470(b) prevents a reviewing court from hearing the merits of a habeas appeal following the denial of certification to appeal unless the petitioner establishes that the denial of certification constituted an abuse of discretion by the habeas court. In Simms v. Warden, 230 Conn. 608, 615-16, 646 A.2d 126 (1994), we incorporated the factors adopted by the United States Supreme Court in Lozada v. Deeds, 498 U.S. 430, 431-32, 111 S.Ct. 860, 112 L.Ed.2d 956 (1991), as the appropriate standard for determining whether the habeas court abused its discretion in denying certification to appeal. This standard requires the petitioner to demonstrate that the issues are debatable among jurists of reason; that a court could resolve the issues [in a different manner]; or that the questions are adequate to deserve encouragement to proceed further.... Simms v. Warden, supra, 230 Conn. at 616, 646 A.2d 126. A petitioner who establishes an abuse of discretion through one of the factors listed above must then demonstrate that the judgment of the habeas court should be reversed on its merits. Id." (Emphasis in original; internal quotation marks omitted.) Kaddah v. Commissioner of Correction, 299 Conn. 129, 135-36, 7 A.3d 911 (2010). "In determining whether the habeas court abused its discretion in denying the petitioner's request for certification, we necessarily must consider the merits of the petitioner's underlying claims to determine whether the habeas court reasonably determined that the petitioner's appeal was frivolous." Taylor v. Commissioner of Correction, 284 Conn. 433, 449, 936 A.2d 611 (2007).
We turn therefore to the merits of the petitioner's claim. Whether § 53a-35b applies to the term "life imprisonment" as used in § 53a-35 (b)(1) for sentences imposed on or after July 1, 1981, is a question of statutory interpretation over which our review is plenary. See State ex rel. Gregan v. Koczur, 287 Conn. 145, 152, 947 A.2d 282 (2008). "In making such determinations, we are guided by fundamental principles of statutory construction. See General Statutes § 1-2z;
Section 53a-35 (a) provides in relevant part that "[f]or any felony committed prior to July 1, 1981, the sentence of imprisonment shall be an indeterminate sentence...." Section 53a-35 (b) provides in relevant part that "[t]he maximum term of an indeterminate sentence shall be fixed by the court and specified in the sentence as follows: (1) For a class A felony, life imprisonment...." Finally, § 53a-35b provides in relevant part that "[a] sentence of imprisonment for life shall mean a definite sentence of sixty years...."
It is undisputed in the present case that, because the petitioner committed the offense prior to July 1, 1981, he was properly sentenced to an indeterminate sentence pursuant to § 53a-35. The petitioner claims, however, that, contrary to the trial court's ruling, § 53a-35b applies not only to definite life sentences imposed pursuant to § 53a-35a for crimes committed on or after July 1, 1981; see footnote 4 of this opinion; but also to indeterminate sentences for offenses committed before July 1, 1981, that are imposed pursuant to § 53a-35 (b)(1) after the effective date of § 53a-35b. We conclude that § 53a-35b does not apply to a life sentence imposed pursuant to § 53a-35 (b)(1), regardless of when the sentence was imposed, but applies solely to definite life sentences imposed pursuant to § 53a-35a.
First, contrary to the petitioner's claim, it is clear that our holding in Mead v. Commissioner of Correction, supra, 282 Conn. at 322, 920 A.2d 301, that § 53a-35b is not retroactive, applies not only to sentences that were imposed pursuant to § 53a-35 (b)(1) before July 1, 1981, but also to those imposed on or after that date. The petitioner in Mead was convicted, after entering a guilty plea, of three counts of murder. He committed the crimes on August 12, 1970. Id., at 318-19, 920 A.2d 301. He originally was sentenced on April 11, 1972, pursuant to General Statutes (Rev. to 1968) § 53-11, which provided that "[a]ny person who commits murder in the second degree ... shall be imprisoned in the [s]tate [p]rison during his life." Mead v. Commissioner of Correction, supra, at 319 n. 4, 920 A.2d 301.
In 1971, as part of the enactment of the Penal Code, the legislature repealed General Statutes (Rev. to 1968) § 53-11 and adopted the indeterminate sentencing scheme now codified at § 53a-35. Id., at 319, 920 A.2d 301; Public Acts 1969, No. 828, §§ 35 and 214. That scheme became effective on October 1, 1971. Public Acts 1969, No. 828, § 215. In 1980, the legislature again revised the sentencing scheme, maintaining an indeterminate sentencing scheme for offenses committed prior to July 1, 1981, and creating a definite sentencing scheme for offenses committed on or after that date. P.A. 80-442, §§ 9 and 10. To conform to those revisions, the respondent in Mead recalculated the petitioner's sentence pursuant to § 53a-35 (b)(1) from a term of life imprisonment to an indeterminate sentence with a minimum term of twenty-five years and a maximum term of life, defined as natural life.
The petitioner in Mead challenged the recalculation of his sentence on the alternate grounds that: (1) his life sentence should have been calculated as a term of sixty years pursuant to § 53a-35b; id., at 320-21, 920 A.2d 301; or (2) he should not have been sentenced pursuant to the post-1980 sentencing scheme at all, but should have been sentenced pursuant to the sentencing scheme in place at the time that he committed the offense. Id., at 326-27, 920 A.2d 301. This court rejected the petitioner's second claim on procedural grounds.
With respect to the petitioner's claim in Mead that § 53a-35b applied to his sentence, this court concluded that, because § 53a-35b was a substantive statute, it presumptively did not apply retroactively. Id., at 324-25, 920 A.2d 301. This court further concluded that nothing in the language of § 53a-35b or the other statutes enacted as part of the 1980 revisions to the sentencing scheme suggested that the legislature intended that § 53a-35b would apply retroactively. Id., at 325-26, 920 A.2d 301. Accordingly, this court concluded that § 53a-35b did not apply to the petitioner's sentence. Id., at 326, 920 A.2d 301. As we have explained, the sentence at issue in Mead had been recalculated to conform to the statutory sentencing scheme in place after the effective date of § 53a-35b. Thus, our decision in Mead that § 53a-35b did not apply to the petitioner's sentence necessarily means that § 53a-35b does not apply to the phrase "life imprisonment" as used in § 53a-35 (b)(1), and that the phrase continued to mean natural life after the effective date of the 1980 revisions. Accordingly, "life imprisonment" means natural life for all felonies committed before July 1, 1981, regardless of the date of sentencing.
To the extent that the petitioner claims that we should overrule our decision in Mead and hold that § 53a-35b applies to sentences imposed pursuant to § 53a-35 (b)(1) for offenses committed before July 1, 1981, we disagree. We continue to believe that, in accordance with the general common-law principles governing the retroactivity of substantive criminal statutes; see Mead v. Commissioner of Correction, supra,
Our conclusion in Mead that § 53a-35b does not apply to life sentences imposed pursuant to § 53a-35 (b)(1) is bolstered by the language of the relevant statutes. Section 53a-35 (a) provides for indeterminate sentencing, in contrast to § 53a-35b, which defines "imprisonment for life" as "a definite sentence of sixty years...." (Emphasis added.) It is reasonable to conclude that the legislature used the term "definite sentence" in § 53a-35b because it contemplated that the statute would apply exclusively to definite sentences imposed pursuant to § 53a-35a, and not to the maximum term of an indeterminate sentence imposed pursuant to § 53a-35 (b)(1).
In addition, if the legislature had wanted to change the meaning of "life imprisonment" for crimes committed before July 1, 1981, from natural life to a term of sixty years when it revised the sentencing scheme in 1980, it easily could have made that intention clear by expressly providing that "life imprisonment" as used in § 53a-35 (b)(1) is defined by § 53a-35b. The fact that the only change that the legislature made to § 53a-35 when it enacted the 1980 revisions was to add the phrase "[f]or any felony committed prior to July 1, 1981" to subsection (a) supports the conclusion that the legislature had no intent to change the substance of the statute. See P.A. 80-442, § 9.
The petitioner argues, however, that § 53a-35b should apply retroactively because the statute is ameliorative. See In re Estrada, 63 Cal.2d 740, 745-46, 408 P.2d 948, 48 Cal.Rptr. 172 (1965) (when legislature has amended statute to mitigate penalty for crime, new law applies to cases in which defendant committed crime before amendment, but was sentenced after amendment); People v. Oliver, 1 N.Y.2d 152, 160, 134 N.E.2d 197, 151 N.Y.S.2d 367 (1956) ("the law is settled that the lesser penalty may be meted out in all cases decided after the effective date of the enactment, even though the underlying act may have been committed before that date").
We conclude that the habeas court properly determined that § 53a-35b does not apply to life sentences imposed pursuant to § 53a-35 (b)(1) for felonies committed before July 1, 1981, regardless of when the sentence was imposed, but applies only to definite life sentences imposed pursuant to § 53a-35a for felonies committed on or after July 1, 1981. Accordingly, we conclude that the petitioner failed to establish that the issue he raised is debatable among jurists of reason, that a court could have resolved it in a different manner or that the question he raised is adequate to deserve encouragement to proceed further; see Kaddah v. Commissioner of Correction, supra, 299 Conn. at 136, 7 A.3d 911; and, therefore, the habeas court did not abuse its discretion in denying his petition for certification to appeal from the denial of his petition for a writ of habeas corpus.
The appeal is dismissed.
In this opinion the other justices concurred.
"(b) The maximum term of an indeterminate sentence shall be fixed by the court and specified in the sentence as follows: (1) For a class A felony, life imprisonment . . . ."
The respondent claims that the petitioner was sentenced pursuant to General Statutes (Rev. to 1977) § 53a-35, which was in place when the petitioner committed the offense and provides in relevant part: "(a) A sentence of imprisonment for a felony shall be an indeterminate sentence . . . .
"(b) The maximum term of an indeterminate sentence shall be fixed by the court and specified in the sentence as follows: (1) For a class A felony, life imprisonment . . . ."
The petitioner claims that the meaning of "life imprisonment" as used in General Statutes (Rev. to 1977) § 53a-35 (b)(1) changed when the sentencing scheme was revised in 1980, effective July 1, 1981, and that the trial court should have applied the revised definition. Because we conclude that the 1980 revisions did not change the meaning of "life imprisonment" as used in General Statutes (Rev. to 1977) § 53a-35 for sentences for any crimes committed before July 1, 1981, it is irrelevant which revision of the statute the trial court used in sentencing the petitioner. For convenience, we refer to the current revision of § 53a-35, unless otherwise noted.
The legislative history of the 1980 revisions also shows that there were concerns that increasing the penalty for violent crimes might cause a significant increase in the prison population. See, e.g., Conn. Joint Standing Committee Hearings, supra, at pp. 1145-46, remarks of Browne. It is well established that "testimony before legislative committees may be considered in determining the particular problem or issue that the legislature sought to address by the legislation." (Internal quotation marks omitted.) Butts v. Bysiewicz, 298 Conn. 665, 687, 5 A.3d 932 (2010).