Summary
This Delaware Supreme Court per curiam order affirms the Superior Court’s decision to resentence Joshua Lorenz Richardson for violating his probation. Following a guilty plea to robbery and prohibited ammunition possession, Richardson absconded and violated no-contact terms, leading to a violation of probation hearing where he admitted to the violations. The Supreme Court found no merit in Richardson’s appeal challenging the harshness of his five-year incarceration sentence and the evidentiary basis for the finding, concluding that appellate review of such sentences is extremely limited. The judgment of the Superior Court is therefore affirmed.
Topics
Practice areas
Questions Presented
- Whether the Superior Court's resentencing for a violation of probation was proper under Delaware law given the limited scope of appellate review.
Holdings
- The appellate court affirms the Superior Court's resentencing because the sentence is within the statutory limits and based on Richardson's admission of the probation violation; appellate review of a sentence is extremely limited.
Key quotations
“The Superior Court imposed a legal sentence, and we will not set it aside merely because Richardson considers it to be “harsh.”” (at 5)
Factual background
Richardson pleaded guilty to second‑degree robbery and possession of ammunition, receiving a suspended thirteen‑year sentence with one year of Level III probation. He failed to report to his probation officer, left the state without permission, and was later arrested in Florida, leading the probation officer to file a violation‑of‑probation report. The Superior Court resentenced him to five years of incarceration.
Procedural history
Richardson pleaded guilty to robbery and possession of ammunition and was sentenced to thirteen years suspended for one year of Level III probation. He later violated probation, leading the Superior Court to resentence him to five years of incarceration. The State moved to affirm; Richardson appealed claiming the sentence was harsh and based on impermissible hearsay.