Supreme Court of Delaware

Kevin D. Moore, Below v. State of Delaware, Below

March 17, 201115 A.3d 1234

Summary

The court held that the Superior Court lacked jurisdiction to impose a restitution order after discharging Moore from probation under the circumstances shown, particularly because the discharge order indicated that no restitution remained outstanding and the plea agreement identified only three permissible restitution recipients. The court also held that imposing the expanded restitution order and later entering a civil judgment without notice or a hearing violated due process. The judgment was reversed, and the restitution order and civil judgment were vacated.