Supreme Court of Delaware

Rivera v. State

November 7, 2023

Summary

The Court affirmed the denial of Rivera’s motion to correct his sentence, holding that the Superior Court did not penalize him for exercising his right to trial and did not rely on demonstrably false or unreliable information. The sentencing court permissibly considered the trial’s effects on the victim, Rivera’s apparent lack of remorse, and evidence concerning the planned kidnapping. The Court nevertheless remanded for correction of Rivera’s assault sentence because its 18-month Level IV probation term exceeded the one-year statutory maximum.