Summary
The Delaware Supreme Court reviewed Nathaneal Squier’s appeal from a Superior Court violation-of-probation sentencing order. The Court affirmed the finding that Squier violated probation but held that the eighteen-month Level III probation term for third-degree assault exceeded the statutory one-year limit. The Court vacated the sentencing order and remanded for resentencing with Squier present and represented by counsel.
Topics
Practice areas
Questions Presented
- Whether Squier's VOP sentence was within the permissible statutory sentencing range.
- Whether the record supported Squier's claim that the sentencing judge was biased against him.
- Whether the eighteen-month Level III probationary term for third-degree assault exceeded the statutory one-year limit.
Holdings
- Appellate review of a sentence is extremely limited and generally ends when the sentence is within statutory limits, subject to review for false, impermissible, or unreliable factual predicates and judicial vindictiveness, bias, or a closed mind.
- After a violation of probation, the Superior Court may impose incarceration up to and including the balance of the Level V time remaining on the defendant's sentence.
- The eighteen-month Level III probation component of Squier's sentence for third-degree assault exceeded the statutory one-year limit applicable to a felony that is neither a violent felony nor a drug-related offense.
- The record did not support Squier's conclusory claim that the Superior Court judge was biased against him.
Key quotations
“This Court’s appellate review of a sentence is extremely limited and generally ends upon a determination that the sentence is within statutory limits.” (at 3)
“Squier is entitled to be present and represented by counsel when he is resentenced.” (at 4)
Factual background
Squier pleaded guilty to strangulation and third-degree assault after the State entered a nolle prosequi on other charges, and he was sentenced to Level V incarceration suspended for probation with conditions. Shortly after beginning probation, he was accused of committing new domestic-violence offenses and violating the no-contact and mental-health-evaluation conditions. He admitted violating probation and pleaded guilty to third-degree assault in the new criminal case. The Superior Court imposed a VOP sentence that included eighteen months of Level III probation for the third-degree-assault conviction, exceeding the statutory one-year limit.
Procedural history
Squier pleaded guilty in the Superior Court to strangulation and third-degree assault, and received sentences suspended for probation subject to conditions including a mental-health evaluation and no contact with the victim. After the Department of Correction alleged that he violated probation by committing new offenses and violating the sentencing conditions, Squier admitted the violations. The Superior Court imposed a new VOP sentence, and Squier appealed. The State moved to affirm but conceded that part of the probation term exceeded the statutory limit.
Remand instructions
Vacate the Superior Court's May 13, 2022 VOP sentencing order and remand for resentencing. Squier must be present and represented by counsel at resentencing. Jurisdiction is not retained.