Supreme Court of Delaware

Plaches v. State

June 6, 2022

Summary

The Court reversed the Superior Court’s revocation of Plaches’ probation and seven-year unsuspended prison sentence because the record did not establish the factual basis for the violation or contain competent evidence beyond Plaches’ admission that he had police contact. The Court held that admitting police contact was not the same as admitting a probation violation and that Plaches had not clearly waived his right to a contested evidentiary hearing. The case was remanded for an evidentiary hearing and findings on whether a violation occurred.