State v. Diaz

Summary

The Supreme Court of Delaware reversed the Superior Court's modification of Daniel Diaz's violation-of-probation sentence. Because Diaz filed his sentence-modification motion more than ninety days after sentencing, he had to establish extraordinary circumstances, and the Superior Court erred by granting relief without conducting that analysis. Diaz's acquittal on the underlying criminal charges, standing alone, did not establish extraordinary circumstances because a violation-of-probation finding requires only proof by a preponderance of the evidence. No separate opinions were issued.