 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Gibbs v. State11/12/2004
Submitted: July 27, 2004
ORDER
This 12th day of November 2004, upon consideration of the appellant's opening brief and the appellee's motion to affirm pursuant to Supreme Court Rule 25(a), it appears to the Court that:
(1) The appellant, Douglas L. Gibbs, filed an appeal from the Superior Court's order dated May 18, 2004, that denied his motion for modification of sentence. The appellee, State of Delaware, has moved to affirm the judgment of the Superior Court on the ground that it is manifest on the face of Gibbs' opening brief that the appeal is without merit. We agree and AFFIRM.
(2) In May 2000, Gibbs pleaded guilty to Driving Under the Influence (third offense) ("DUI"). He was immediately sentenced to two years at Level V suspended after serving ninety days for eighteen months at Level III. Gibbs did not appeal.
(3) In September 2000, Gibbs pleaded guilty to Attempted Rape in the Third Degree. He was immediately sentenced to fifteen years at Level V suspended after serving three years for one year at Level IV Residential Substance Abuse Treatment followed by decreasing levels of probation. Gibbs did not appeal.
(4) After a hearing on April 22, 2004, the Superior Court found Gibbs guilty of violation of probation ("VOP") and resentenced him, on the attempted rape offense, to eleven years at Level V, suspended upon successful completion of the Key Program, for Level IV Residential Substance Abuse Treatment, suspended upon successful completion of treatment, for six years at Level III aftercare. Gibbs did not appeal. Instead, a few days after the VOP hearing, Gibbs filed the first in a series of motions to modify his VOP sentence.
(5) Citing a six-month waiting list for the Key Program and a need to support his family, Gibbs' first sentence modification request sought a change to work release and home confinement. By order dated April 29, 2004, the Superior Court denied Gibbs' request on the basis that the sentence as imposed was reasonable and appropriate given his repetitive unacceptable behavior, including continued cocaine and alcohol use.
(6) Approximately one week later, on May 6 and May 7, 2004, Gibbs moved again for a sentence modification. Gibbs again cited the Key Program's waiting list and the need to support his family. By order dated May 10, 2004, the Superior Court denied Gibbs' second request, citing the reasons previously given in the Court's April 29, 2004 order.
(7) On May 12, 2004, Gibbs requested a sentence modification from another judge of the Superior Court. By order dated May 14, 2004, the judge denied Gibbs' third modification request and directed him back to his sentencing judge.
(8) On May 18, 2004, Gibbs moved again for modification of his VOP sentence, this time requesting boot camp in lieu of the Key Program. By order dated May 18, 2004, the Superior Court denied Gibbs' fourth motion. The Court also informed Gibbs that it would not respond to future applications seeking similar relief, and that any such applications would be considered denied. This appeal followed.
(9) In this appeal from the Superior Court's May 18, 2004 denial of sentence modification, Gibbs makes several arguments with respect to the April 22, 2004 VOP hearing and sentence. Gibbs argues that (a) the sentence imposed on April 22, 2004 constitutes cruel and unusual punishment; (b) he should not have to repeat the Crest Program; (c) all he needed was a thirty-day "tune-up"; (d) he was given insufficient time to consult with his lawyer; and (e) other defendants appearing before the Superior Court on April 22 were treated "more fairly" than he was.
(10)
Page 1 2 Delaware DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|