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[T] Manis v. State8/16/2001
ouse or equipment availability for home confinement. The plea agreement could have specifically covered those considerations, but did not.
18. Finally, Manis overlooks the statutory requirements of 11 Del. C. § 4204(l), which states that
" henever a court imposes a period of incarceration at Level V custody for 1 or more offenses that totals 1 year or more, then that court must include as part of its sentence a period of custodial supervision at either Level IV, III or II for a period of not less than 6 months to facilitate the transition of the individual back into society. The 6-month transition period required by this subsection may, at the discretion of the court, be in addition to the maximum sentence of imprisonment established by the statute."
In this case, after reviewing the presentence report, the Superior Court determined that it was an unacceptable risk to take Manis directly from Level V to Level III. The Superior Court imposed Level IV supervision for follow-up treatment and supervision during the hours Manis was not at work. This determination is well within an acceptable rational range of the court's discretion.
NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court be, and the same here by is AFFIRMED.
Page 1 2 3 4 Delaware DUI Attorneys
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