Supreme Court of Delaware

Roberto Cruz, Defendant Below, Appellant v. State of Delaware, Plaintiff Below, Appellee

February 19, 20102010 Del. LEXIS 69

Summary

The Supreme Court of Delaware affirmed the judgment revoking Cruz's probation and imposing eighteen months of Level V incarceration. It held that due process permitted the same judge to consider evidence from Cruz's prior criminal trial, despite the acquittal, because Cruz was represented by the same counsel and had an opportunity to challenge the evidence; the record also independently established probation violations. The court further held that the sentence was not imposed with a closed mind because it was based on Cruz's violations and history of drug dealing. The court reached the merits under the public-interest exception despite the apparent mootness of Cruz's completed probation term.