Revel v. State
Docket: 236, 2021
Court: Supreme Court of Delaware; September 10, 2021; Delaware; State Supreme Court
Original Court Document: View Document
Wayne O. Revel appealed a decision from the Superior Court of Delaware that denied his motions for sentence correction and modification under Superior Court Criminal Rule 35. Revel contended that his eighteen-month Level V incarceration sentence for a violation of probation (VOP) related to disregarding a police signal was illegal, arguing it exceeded the permissible length given his prior sentence. He also claimed the Superior Court improperly treated his motion for modification of the VOP sentences as untimely. The State of Delaware, instead of submitting an answering brief, filed a motion to remand the case for correction of an illegal sentence, acknowledging that the Superior Court's denial of sentence correction should be reversed. The State concurred that the imposed eighteen-month VOP sentence and the probationary term exceeded statutory limits. The Supreme Court of Delaware agreed that the Superior Court's denial of the sentence correction motion was erroneous and ordered a remand for resentencing. Upon remand, the Superior Court must resentence Revel for his VOP related to the police signal incident and assess whether any probationary sentences imposed exceeded statutory limits. Revel is to be represented by counsel during this resentencing. The court refrained from ruling on the motion for sentence modification, noting it was timely filed. The judgment of the Superior Court was reversed, and the case was remanded for further action without retaining jurisdiction.