ONEY v. STATE, 737 A.2d 531 (Del. 1999)

No. 208, 1999.Supreme Court of Delaware.
August 12, 1999.

Appeal from the Superior Court, Sussex County, S86-07-0138I.

AFFIRMED

Unpublished Opinion is below.

DARRYL ONEY, Defendant Below, Appellant v. STATE OF DELAWARE, Plaintiff Below, Appellee. No. 208, 1999. Supreme Court of Delaware. Submitted: July 7, 1999. Decided: August 12, 1999.

Court Below: Superior Court of the State of Delaware, in and for Sussex County, in S86-07-0138I. Def. ID No. 86S10188DI.

Before VEASEY, Chief Justice, HARTNETT and BERGER, Justices.

ORDER
This 12th day of August 1999, upon consideration of the appellant’s opening brief and the appellee’s motion to affirm pursuant to Supreme Court Rule 25(a), it appears to the Court that:

(1) In August 1986, the appellant, Darryl Oney, pleaded guilty to second degree rape. In June 1987, Oney was sentenced to 15 years imprisonment, suspended after five years for ten years of probation.[1] In March 1991, Oney pleaded guilty to first degree robbery. Oney was sentenced to three years at Level V imprisonment, suspended after two years for one year at Level II probation.[2] In December 1993, Oney pleaded guilty to first degree robbery and possession of a deadly weapon during the commission of a felony. In January 1994, Oney was sentenced to a total of nine years at Level V, suspended after seven years, for one year at Level IV and two years at Level III probation.[3]

(2) As a result of Oney’s December 1993 felony conviction, the Superior Court, in April 1994, found Oney guilty of violating his probation for the 1986 second degree rape conviction and the 1991 robbery conviction. Oney’s probationary terms were revoked, and the Superior Court sentenced Oney to ten years at Level V supervision on the rape conviction and to one year at Level V supervision on the 1991 robbery conviction.

(3) In July 1994, Oney moved for a reduction of sentence. Oney contended that, at the time his probation was revoked, he was serving the one-year term of probation for the 1991 robbery conviction and had not as yet started serving the ten-year term of probation for the rape conviction. Oney argued that the Superior Court had no authority to revoke the unexecuted ten-year term of probation. By order dated July 12, 1994, the Superior Court denied Oney’s motion for reduction of sentence.

(4) Almost five years later, on April 14, 1999, Oney filed a “motion to vacate illegal sentence,” i.e., the reimposed ten-year sentence for the rape conviction. Oney again argued that the Superior Court abused its discretion when it revoked the ten-year term of probation. Oney further contended that the Superior Court was required to find that the June 1997 sentence for the rape conviction was inaccurate or inappropriate. By letter dated April 19, 1999, the Superior Court declined to revisit the issue, having denied the same claim in the Court’s order of July 12, 1994. This appeal followed.

(5) Oney’s opening brief on appeal raises, and elaborates upon, the claims raised in his “motion to vacate illegal sentence.” Oney’s claims are without merit.

(6) The Superior Court has broad discretion regarding the grant and termination of a probationary sentence arising from a criminal conviction.[4] The Superior Court may terminate probationary or suspended sentences “at any time.”[5] This Court has found that a trial court may equitably revoke a probationary sentence at any time prior to its actual commencement.[6] There is no requirement that the Superior Court make a specific finding at a probation revocation hearing that its previous sentence was inappropriate.[7]

(7) It is manifest on the face of Oney’s opening brief that this appeal is without merit. The issues are clearly controlled by settled Delaware law. To the extent the issues on appeal implicate the exercise of judicial discretion, there was no abuse of discretion.

NOW, THEREFORE, IT IS HEREBY ORDERED that the appellee’s motion to affirm is GRANTED. The judgment of the Superior Court is hereby AFFIRMED.

BY THE COURT:

Carolyn Berger Justice