Supreme Court of Delaware

Smith v. State

June 13, 2023

Summary

The Supreme Court of Delaware affirmed the denial of Smith’s motion to correct an illegal sentence. It held that the Superior Court could impose a suspended period of incarceration for a probation violation conditioned on Smith’s participation in sex-offender treatment, even though that condition was not included in his original sentence. The Court also directed that future filings concerning the 2021 probation violations be accepted only with the required filing fee or an approved in-forma-pauperis motion.