Carney v. State

Summary

The Delaware Supreme Court affirmed the Superior Court’s sentence imposed after Sebastian Carney violated probation by failing to report and failing to comply with special probation conditions. The Court held that the sentence was within statutory limits and was not excessive or otherwise an abuse of discretion. The Court declined to review Carney’s challenge to a TASC counselor’s testimony because he failed to provide the transcript of the violation-of-probation hearing and sentencing.

Holdings

1. Upon finding a defendant in violation of probation, the Superior Court may impose incarceration up to and including the balance of Level V time remaining on the original sentence. Carney's sentence was within statutory limits, was not excessive under the circumstances, and did not constitute an abuse of discretion or reflect a closed mind by the sentencing judge.
2. The Supreme Court could not review Carney's challenge to the TASC counselor's testimony because he failed to order and provide the transcript of the violation-of-probation hearing and sentencing.

Questions Presented

1. Whether the Superior Court imposed an excessive sentence for Carney's fourth violation of probation and improperly exceeded the sentencing guidelines.
2. Whether the Superior Court failed to credit Carney with time served.
3. Whether the Supreme Court could review Carney's challenge to the TASC counselor's testimony when Carney failed to provide the transcript of the violation-of-probation hearing and sentencing.

Disposition

affirmed