Tatman v. State ( 2014 )

IN THE SUPREME COURT OF THE STATE OF DELAWARE
WILLIAM TATMAN, §
§ No. 469, 2014
Defendant Below- §
Appellant, §
§ Court Below—Superior Court
v. § of the State of Delaware,
§ in and for Sussex County
STATE OF DELAWARE, § Cr. ID Nos. 1006019613,
§ 1006002784, 0912009017,
Plaintiff Below- § and 0702023280
Appellee. §
Submitted: November 3, 2014
Decided: December 9, 2014
Before STRINE, Chief Justice, RIDGELY, and VALIHURA, Justices.
ORDER
This 9th day of December 2014, it appears to the Court that the State
has filed a motion to remand this matter to the Superior Court to vacate its
violation of probation (VOP) sentencing orders dated August 14, 2014 and
August 22, 2014 and to hold a new sentencing hearing. The State asserts that
the Superior Court’s VOP sentencing order and corrected order failed to
credit appellant with all of the time he has previously served on his
sentences. The appellant has not filed any response in opposition to the
State’s motion to remand.
NOW, THEREFORE, IT IS ORDERED that the Superior Court
judgments dated August 14, 2014 and August 22, 2014 are hereby
VACATED. The matter is REMANDED to the Superior Court to hold a
new sentencing hearing to consider the State’s claim that the appellant is
entitled to additional credit for time served and any other claim raised by the
parties regarding the appropriate sentence to be imposed. Jurisdiction is not
retained.
BY THE COURT:
/s/ Karen L. Valihura
Justice
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