Supreme Court of Delaware
Evans v. State
May 15, 2023
Summary
The Court affirmed the finding that Evans violated probation and upheld the one year of unsuspended Level V imprisonment as within the Superior Court's discretion and statutory authority. It vacated the sentencing order because the order increased the Level V time remaining beyond the maximum imposed in Evans's prior VOP sentence and potentially failed to credit time previously served. The matter was remanded for resentencing with Evans present and represented by counsel and with proper credit for qualifying time served.