Pasquale v. State

Summary

The Delaware Supreme Court affirmed the Superior Court's denial of Michael J. Pasquale's serial motions challenging his sentence for seventh-offense DUI. The Court held that his sentence was lawful, his guilty plea was voluntary, and his claims of ineffective assistance, prosecutorial breach, and judicial bias were unsupported by the record. The Court granted the State's motion to affirm under Supreme Court Rule 25(a).

Holdings

1. The sentence was lawful because Pasquale pleaded guilty to DUI seventh offense or more and received a sentence within the applicable statutory limits; the record did not establish a double-jeopardy violation, ambiguity, inconsistency, or omission of a required term.
2. Those claims were without merit because they were belied by the record, which showed that Pasquale voluntarily pleaded guilty and was sentenced legally and appropriately.
3. The sentencing judge did not sentence with a closed mind because the transcript showed consideration of aggravating and mitigating factors and an opportunity for Pasquale to address the court.

Questions Presented

1. Whether Pasquale's sentence was illegal because it exceeded statutory limits, violated double jeopardy, was ambiguous or inconsistent, or omitted a required term.
2. Whether Pasquale's guilty plea was involuntary.
3. Whether defense counsel provided ineffective assistance.
4. Whether the prosecutor breached the plea agreement.
5. Whether the sentencing judge imposed the sentence with a closed mind based on preconceived bias.

Disposition

affirmed