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[T] Via v. State9/19/2001
seeking help for his relapse in drug use. Via does not assert that the Superior Court's sentence was not statutorily authorized. Furthermore, Via recognizes that the sentencing guidelines are voluntary and are not binding on the sentencing court. Nonetheless, Via asserts that the sentencing court should be required to articulate reasons for deviating from the guidelines, and the failure to do so constitutes reversible error. Although Via is correct that the sentencing court should explain its reasons for departing from the sentencing guidelines, this Court has held that the sentencing court's failure to do so is not reversible error. Accordingly, there is no merit to Via's claim.
(7) The Court has reviewed the record carefully and has concluded that Via's appeal is wholly without merit and devoid of any arguably appealable issue. We also are satisfied that Via's counsel has made a conscientious effort to examine the record and the law and has properly determined that Via could not raise a meritorious claim in this appeal.
NOW, THEREFORE, IT IS ORDERED that the State's motion to affirm is GRANTED. The judgment of the Superior Court is AFFIRMED. The motion to withdraw is moot.
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