Thompson v. State
342, 2016
| Del. | Oct 17, 2016Background
- Thompson pled guilty in Sept. 2014 to a drug offense and received three years at Level V with one year of Level III probation.
- A capias issued in June 2015 for Thompson’s failure to report for probation supervision.
- Thompson was arrested in New Jersey (July 31, 2015) on a Delaware fugitive-from-justice charge and waived extradition on Aug. 4, 2015.
- He was returned to Delaware on May 31, 2016 to face a VOP charge.
- On June 10, 2016, the Superior Court resentenced Thompson to 2 years and 11 months at Level V, suspended after 6 months, with a written order noting that DOC should calculate credit time.
- Thompson argues he is entitled to credit on the VOP sentence for time served in New Jersey from Aug. 4, 2015 to May 31, 2016; the State contends such credit is improper for time served on an unrelated sentence or in another jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Thompson is entitled to credit for time served in New Jersey on the VOP. | Thompson seeks Level V credit for August 4, 2015–May 31, 2016. | State asserts no credit for unrelated sentence or foreign time; NJ time not eligible. | Credit denied for time in New Jersey; record incomplete and not ripe for review. |
| Whether the record supports credit time where key documents were not in the first-instance record. | Records show entitlement to credit, supported by NJ order. | NJ documents not in Superior Court record; claim not ripe. | Claim not ripe; insufficient record to review. |
| Whether appellate review is limited to papers presented to the trial court. | Appellate review should consider Thompson’s arguments. | Review confined to original papers and exhibits. | Standard applies; relies on the first-recorded materials. |
| Whether the VOP sentence complied with 11 Del. C. § 4334(c) regarding credit limitations. | VOP credit should reflect time remaining on Level V; balance not exceeded. | No evidence the VOP sentence exceeded the balance of Level V time. | The sentence did not exceed the balance; valid under § 4334(c). |
Key Cases Cited
- Delaware Electric Coop., Inc. v. Duphily, 703 A.2d 1202 (Del. 1997) (establishes standards for consideration of appellate evidence)
- Mayes v. State, 604 A.2d 839 (Del. 1992) (limits on appellate review and credit procedures under VOP)
- Tricoche v. State, 525 A.2d 151 (Del. 1987) (guides review of sentencing records and written orders)