Supreme Court of Delaware

Smith v. State

May 2, 2019

Summary

The Court affirmed the denial of Smith’s motion for sentence review. It held that Smith’s challenges concerned the underlying probation-violation adjudication, not the legality of his sentence, and were untimely because he failed to pursue a direct appeal from the probation-violation orders. Smith could not use a sentence-review motion to collaterally attack the merits or procedure of the probation violation.