Frederick S. Dejohn, Below-Appellant v. State of Delaware, Below-Appellee

Summary

The Supreme Court of Delaware held that DeJohn's violation-of-probation sentence was incorrectly calculated because the Level III probation term for Count II exceeded the permissible term based on the sentence previously imposed and time served. It reversed the Superior Court's judgment and remanded for complete resentencing by a different judge, declining to decide whether the original judge had sentenced with a closed mind. DeJohn's separate claims concerning credit for Level III probation and an alleged conflict of interest were waived or meritless.