Supreme Court of Delaware

Robert R. Moody, Defendant Below, Appellant v. State of Delaware, Plaintiff Below, Appellee

January 29, 20102010 Del. LEXIS 42

Summary

The court affirmed Moody's resentencing for violating probation. Although Moody did not preserve his claim that his original probation term had expired, the court found no plain error because the later violation occurred during a new probationary period created by his prior violation and resentencing. The court held that the date of the probation violation, rather than the date of the violation hearing, controls.