Park v. State ( 2019 )

IN THE SUPREME COURT OF THE STATE OF DELAWARE
MICHELLE PARK, §
§ No. 566, 2018
Defendant Below, §
Appellant, § Court Below: Superior Court
§ of the State of Delaware
v. §
§ Cr. ID Nos. N1710011027
STATE OF DELAWARE, §
§
Plaintiff Below, §
Appellee. §
Submitted: May 15, 2019
Decided: May 20, 2019
Corrected: June 10, 2019
Before STRINE, Chief Justice; VAUGHN and TRAYNOR, Justices.
ORDER
This 20th day of May 2019, after careful consideration of the parties’ briefs
and the record on appeal, it appears to the Court that:
(1) The Superior Court’s October 30, 2018 sentence order should be
affirmed on the basis of and for the reasons stated in its sentencing decision
announced in open court on October 30, 2018.
(2) The Superior Court did not err when it sentenced Park to five-months
of Level V incarceration, well below the maximum sentence allowed for a third-
offense driving-under–the-influence conviction but two months longer than the State
had recommended.
(3) Although the sentencing judge initially indicated that she would follow
the State’s recommendation, subsequent remarks by Park led the court to conclude
that Park did not appreciate the seriousness of the offense. We are in no position to
second-guess the Superior Court’s evaluation of Park’s demeanor and its
interpretation of Park’s statements at her sentencing hearing.
NOW, THEREFORE, IT IS ORDERED that the Superior Court’s October 30,
2018 sentence order is AFFIRMED.
BY THE COURT:
/s/ Gary F. Traynor
Justice
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