Balko v. State

IN THE SUPREME COURT OF THE STATE OF DELAWARE
RUSSELL D. BALKO, §
§ No. 346, 2016
Defendant Below- §
Appellant, §
§
v. § Court Below—Superior Court
§ of the State of Delaware
STATE OF DELAWARE, §
§ Cr. ID 1405012254
Plaintiff Below- §
Appellee. §
Submitted: August 15, 2016
Decided: September 8, 2016
Before HOLLAND, VALIHURA, and VAUGHN, Justices.
ORDER
This 8th day of September 2016, upon consideration of the opening
brief and the State’s motion to remand, it appears to the Court that:
(1) The appellant, Russell Balko, filed this appeal from the
Superior Court’s order, dated June 16, 2016, denying his motion for
correction of an illegal violation of probation (“VOP”) sentence. Balko
argues in his opening brief that the probationary period imposed by the
Superior Court exceeded the maximum period of probation allowed under
Delaware law.
(2) The State filed a motion to remand this appeal, conceding that
the Superior Court’s VOP sentence is improper. The State requests that this
matter be remanded to the Superior Court to resentence Balko for the VOP
associated with his Receiving Stolen Property conviction. Balko did not file
a response to the State’s motion. The Court agrees that Balko’s VOP
sentence is improper and that this matter should be remanded for
resentencing.
NOW, THEREFORE, IT IS ORDERED that the unopposed motion to
remand is GRANTED. The matter is REMANDED to the Superior Court
for further proceedings consistent with this Order. Jurisdiction is not
retained.
BY THE COURT:
/s/ Karen L. Valihura
Justice
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