DeBruce v. State ( 2018 )

IN THE SUPREME COURT OF THE STATE OF DELAWARE
MALACHAI Z. DEBRUCE (f/k/a §
MICHAEL D. GLENN), § No. 239, 2018
§
Defendant Below- §
Appellant, §
§ Court Below—Superior Court
v. § of the State of Delaware
§
STATE OF DELAWARE, § ID. No. K1608006240
§
Plaintiff Below- §
Appellee. §
Submitted: September 7, 2018
Decided: November 5, 2018
Before VALIHURA, VAUGHN, and SEITZ, Justices.
ORDER
Upon consideration of the parties’ briefs and the record below, it
appears to the Court that:
(1) The defendant-appellant, Malachai DeBruce, filed this appeal
from the Superior Court’s order dated April 5, 2018, denying his motion for
correction of sentence. DeBruce argues on appeal that the Superior Court’s
February 7, 2018 order sentencing him for a violation of probation was illegal
because the total sentence imposed exceeded the time remaining on his
original sentence.
(2) In its answering brief, the State agrees that the total suspended
portion of DeBruce’s original sentence was eighteen months and, thus,
concedes that the Superior Court’s VOP sentence totaling twenty-seven
months is illegal. The State requests that this matter be remanded to the
Superior Court with directions to correct its sentence by reducing the Level
III portion of DeBruce’s VOP sentence from one year to three months. We
agree.
NOW, THEREFORE, IT IS ORDERED that the judgment of the
Superior Court is REVERSED. This matter is hereby REMANDED to the
Superior Court to resentence DeBruce in accordance with this order.
Jurisdiction is not retained.
BY THE COURT:
/s/ James T. Vaughn, Jr.
Justice
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