Supreme Court of Delaware

Giles v. State

August 22, 2022

Summary

The Court affirmed the finding that Giles violated probation but vacated his December 2021 sentencing order because the probationary period exceeded the one-year statutory limit for a nonviolent, nondrug-related felony. The Court rejected Giles's due-process, maximum-sentence, time-served, and mental-health-court arguments, concluding that the sentence otherwise remained within statutory limits and that the Superior Court was not bound by the probation officer's recommendation. The Court remanded for resentencing with Giles present and represented by counsel.