Zera v. State

Summary

The Delaware Supreme Court affirmed the Superior Court’s sentence imposed after Kenneth Zera violated probation conditions concerning internet access, possession of an internet-enabled cell phone, and related conduct. The Court held that the sentence did not exceed the previously suspended Level V incarceration and was within statutory limits.

Holdings

1. After a defendant commits a violation of probation, the Superior Court may impose any period of incarceration up to and including the balance of the Level V time remaining on the sentence.
2. Zera's post-violation Level V sentence was not excessive on the grounds asserted because it did not exceed the previously suspended Level V time and was within statutory limits.

Questions Presented

1. Whether the Superior Court imposed an excessive sentence after finding that Zera violated probation because he could not begin the required Life Skills Program until June 2019.
2. Whether the Superior Court's post-violation-of-probation Level V sentence exceeded the previously suspended Level V time or statutory limits.

Disposition

affirmed