Kupidlowski v. State

Summary

The Court affirmed the Superior Court’s sentence imposed after finding Kupidlowski violated probation. It held that Kupidlowski had misattributed time served on a separate theft conviction and that the Superior Court could impose Level V incarceration after the probation violation, including where restitution remained unpaid, because the sentence was within the statutory balance remaining. The Court also declined to review any challenge dependent on the VOP hearing record because Kupidlowski failed to provide the necessary transcript.