Nelson v. State

Summary

The Supreme Court of Delaware affirmed the Superior Court's three-year Level V sentence imposed after Nelson's second violation of probation. The Court held that Nelson failed to establish plain error concerning the absence of Gateway witnesses or the VOP report, that a presentence investigation was discretionary, and that the sentence was within statutory limits and adequately explained. The Court also concluded that Nelson's appeal was wholly without merit and granted counsel's motion to withdraw as moot.