Comeger v. State

Summary

The Delaware Supreme Court affirmed the Superior Court’s sentence imposed after Ricardo Comeger’s fourth violation of probation. The Court held that the sentence was within statutory limits and declined to review Comeger’s claim regarding credit for time served because he did not provide the necessary sentencing-hearing transcript.

Holdings

1. Once the State proves a violation of probation by a preponderance of the evidence, the Superior Court may require the probationer to serve the original sentence or any lesser sentence it deems appropriate. A sentence within statutory limits will not be disturbed absent reliance on impermissible factors or a closed mind.
2. An appellant bears the burden of requesting and providing the transcript necessary to permit appellate review; without the relevant transcript, the court cannot review a claim dependent on what occurred at the violation-of-probation and sentencing hearing.

Questions Presented

1. Whether the Superior Court abused its sentencing discretion by imposing a work-release condition after Comeger's fourth violation of probation.
2. Whether the Supreme Court could review Comeger's claim that he was entitled to credit for time served in an unrelated case when he failed to provide the transcript of the violation-of-probation and sentencing hearing.

Disposition

affirmed