John H. Benge, Jr., Defendant-Below, Appellant v. State of Delaware, Plaintiff-Below, Appellee

Summary

The Supreme Court of Delaware affirmed the denial of Benge's motions to reduce his Level III probation to Level I, reconsider those denials, and obtain a judicial recalculation of probation based on earned compliance credit. The court held that the Superior Court acted within its discretion in relying on the Department of Correction's classification processes, and that challenges to the Department's credit calculations must be brought through a petition for a writ of mandamus. The court also clarified that Benge's conditional release and probation periods ran concurrently and that his maximum probation expiration appeared to be June 2015.