Supreme Court of Delaware

McDougal v. State

March 29, 2019

Summary

The Court affirmed the denial of McDougal’s seventh motion to modify his sentence. It held that the motion was untimely and repetitive because it sought to suspend a Level V prison sentence and was filed well beyond Rule 35(b)’s 90-day period. The Court also rejected McDougal’s due-process and double-jeopardy arguments, concluding that probation revocation and prosecution for the underlying offenses are distinct proceedings.