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[T] Harris v. State3/8/2001
n of probation.
(7) Accordingly, at the time of his fourth VOP hearing, the record reflects that Harris had not spent more than eighteen months at Level V incarceration for his earlier probation violations. Thus, Harris' claim that the Superior Court's modified sentence (which in fact suspended all of his Level V time following his fourth VOP) exceeded the maximum punishment authorized by law is without merit.
(8) It is manifest on the face of Harris's opening brief that his appeal is without merit because the issues presented on appeal clearly are controlled by settled Delaware law and, to the extent that judicial discretion is implicated, clearly there was no abuse of discretion.
NOW, THEREFORE, IT IS ORDERED that, pursuant to Supreme Court Rule 25(a), the State's motion to affirm is GRANTED. The judgment of the Superior Court is hereby AFFIRMED.
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