Supreme Court of Delaware
Allen v. State
January 8, 2016
Summary
The Court held that Allen's untimely appeal barred review of his challenges to the underlying violation-of-probation finding, including his claim that the Superior Court lacked authority to act while he was on work release. It nevertheless vacated the later modified VOP sentence because the Superior Court increased his incarceration and discharged his probation without giving him notice or an opportunity to be heard. The matter was remanded for a hearing at which Allen could appear with counsel or reinstatement of the original VOP sentence.