Fray v. State
Docket: 352, 2021
Court: Supreme Court of Delaware; August 22, 2022; Delaware; State Supreme Court
Original Court Document: View Document
Christopher J. Fray appealed a Superior Court order sentencing him for a violation of probation (VOP). Initially charged with multiple drug and weapon offenses in July 2020, he pleaded guilty in January 2021 and received a sentence of 19 years of Level V incarceration, suspended after two years for decreasing levels of supervision. Fray began the Level IV portion of his sentence in August 2021, during which the Department of Correction filed a VOP report citing violations, including smoking and being off limits, along with the discovery of contraband in his possession. At the VOP hearing, Fray admitted to the violations, and his attorney requested a sentence of Level IV time rather than Level V. Fray expressed a desire for treatment and to return to Florida. The Superior Court found him in violation and sentenced him to 17 years of Level V incarceration, suspended after one year for one year of Level III probation with TASC monitoring. On appeal, Fray argued that he did not possess contraband, that he requested a urine screen which was not conducted, and that the contraband belonged to someone else. The court reviewed the VOP finding for abuse of discretion, noting that the standard is a preponderance of the evidence. Fray's admission during the hearing constituted sufficient evidence for the VOP. The court also indicated that the sentencing for a VOP is limited to statutory guidelines, and the sentence imposed was within those limits. The Supreme Court of Delaware affirmed the Superior Court's judgment, finding no merit in Fray's appeal.