Submitted April 9, 2014.
Motion for Rehearing filed 5/7/14; Denied 5/9/14. Case Closed May 21, 2014.
This decision has been designated as "Table of Decisions Without Published Opinions." in the Atlantic Reporter.
Court Below -- Superior Court of the State of Delaware, in and for New Castle County. Cr. ID No. 1102018112.
Before HOLLAND, BERGER and RIDGELY, Justices.
Randy J. Holland, Justice.
This 15th day of April 2014, it appears to the Court that:
1) The defendant-appellant, Anthony Nastatos (" Nastatos" ), appeals from a Superior Court conviction of three counts of felony Breach of Conditions of Release, one count of Harassment, and sixteen counts of Non-Compliance with Bond Conditions. Nastatos also appeals his sentence of thirty-two years at Level V, suspended after sixteen years.
2) Nastatos raises two claims on appeal: first, that the trial court abused its discretion when it allowed the State to present to the jury thirty-eight documents, including several Facebook messages, without properly authenticating them as required by D.R.E. 901; and, second, that the trial court, acting with a closed mind and relying on impermissible and erroneous facts, erred in deviating significantly upward from the presumptive sentence of various non-violent felonies and misdemeanors, which resulted in the imposition of a cruel and unusual punishment. Nastatos voluntarily withdrew his first claim following our decision in Parker v. State . We have determined that Nastatos' remaining claim is without merit. Therefore, the judgments of the Superior Court must be affirmed.
3) Nastatos and Alexandra Koval (" Koval" ) met in August 2009, while working at the same restaurant on Route 202 in New Castle County. The two developed a friendly relationship. Soon after they met, Nastatos anonymously covered Koval's car with flower petals. He later admitted to the act and told her he had romantic feelings for her. Koval told Nastatos she did not have romantic feelings for him.
4) A few days later, Koval and Nastatos went shopping together, had dinner at a restaurant, and met another co-worker for drinks that night. Nastatos' behavior that night made Koval uncomfortable. Koval's discomfort forced her to cancel other plans they had made together. After that, she avoided Nastatos.
5) A couple of months later, Koval's car ran out of gas and she was required to take a different vehicle to work. Nastatos left a can of gas for Koval at work. Later, another can of gas was found at her house next to her car. After this, Nastatos began to regularly send Koval lengthy love poetry via text messages, and to wait for Koval after work. Koval told Nastatos that these overtures made her uncomfortable and asked him to leave her alone.
6) Nastatos then attempted to " friend" Koval on Facebook, under the pseudonym " Anakin Skywalker." Koval rejected this friend request. Next, Nastatos attempted to friend Koval from a Facebook account attached to his real name. Koval neither accepted nor denied this friend request. The pending friend request allowed Nastatos to send Koval private messages on the Facebook website.
7) In the spring of 2010, Nastatos sent Koval a late night text message containing a long poem. Koval told her coworker about the text, and Nastatos' previous behavior. The co-worker told the restaurant's management. Koval's manager examined ...