McDougal v. State

Summary

The Court affirmed the denial of McDougal’s third motion challenging the legality of his violation-of-probation sentence. It held that the two-year limitation in 11 Del. C. § 4333(b)(1) did not apply because the sentencing court imposed the sentence under § 4333(d)(2) after finding on the record that a longer period would enhance public safety. The motion was properly denied whether treated as a correction motion or a sentence-modification motion because it was procedurally barred and meritless.