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Rivera v. State

Supreme Court of Delaware

May 15, 2014

AMBER RIVERA, Defendant Below-Appellant,
v.
STATE OF DELAWARE, Plaintiff Below-Appellee

Submitted: May 2, 2014.

Case Closed June 2, 2014.

Editorial Note:

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 1007007244.

Before STRINE, Chief Justice, BERGER and RIDGELY, Justices.

OPINION

Henry duPont Ridgely, Justice.

ORDER

This 15th day of May 2014, upon consideration of the briefs of the parties and the record below, it appears to the Court that:

(1) The defendant-appellant, Amber Rivera, filed this appeal from the Superior Court's sentence for her second violation of probation (" VOP" ). We find no merit to the appeal. Accordingly, we affirm.

(2) The record reflects that Rivera was indicted for robbery in the first degree, possession of a deadly weapon during the commission of a felony, conspiracy in the second degree and wearing a disguise during a commission of a felony on August 16, 2010. On January 13, 2011, Rivera pled guilty to robbery in the first degree and conspiracy in the second degree in exchange for dismissal of the remaining charges in the indictment. Sentencing occurred on March 18, 2011. On the first degree robbery count, the Superior Court sentenced Rivera, effective October 4, 2010, to eight years at Level V Harbor House, suspended after three years for two years at Level IV Crest, suspended after successful completion for two years at Level III Crest Aftercare. On the second degree conspiracy count, the Superior Court sentenced Rivera to two years at Level V, suspended for one year at Level III. Rivera did not appeal.

(3) On July 17, 2013, the Superior Court found Rivera had violated her probation. Rivera had been discharged from Level IV Crest for fighting. On the first degree robbery count, Rivera was resentenced to four years and ten months at Level V, suspended for four years and ten months at the Level IV VOP Center, suspended after three months for six months Level IV Work Release, suspended after six months for one year Level III. On the second degree conspiracy count, Rivera was resentenced to one year at Level V, suspended for one year at Level III.

(4) On October 4, 2013, an administrative warrant charging Rivera with her second VOP was filed. According to a VOP report filed on October 9, 2013, the Sussex VOP Multi-Disciplinary Team Board (" MDT Board" ) had found that Rivera violated the rules of the Sussex Community Corrections Center by engaging in sexual conduct with another inmate. Rivera was required to comply with the rules and regulations of the Sussex Community Corrections Center as a condition of her probation. The report also reflected that Rivera had appeared before the MDT Board multiple times for various infractions during her time at the Sussex VOP Center. Rivera included the violation reports in the appendix accompanying her opening brief on this appeal. The VOP report recommended that if Rivera was found guilty of a VOP, she should be resentenced as follows: (i) on the first degree robbery count, to four years and six months Level V, suspended upon successful completion of a Level V program designed to instill structure in young offenders for one year Level IV Work Release, followed by one year Level III; and (ii) on the second degree conspiracy count, to one year Level V, suspended for two years Level I restitution only.

(5) Rivera, with counsel, appeared before the Superior Court on October 10, 2013. After Rivera initially indicated that she did not admit to engaging in sexual conduct with another inmate, the Superior Court began rescheduling the matter for a contested VOP hearing on November 7, 2013. Rivera then stated that she did have sexual contact with another inmate, she understood she was not supposed to do that and that she took ...


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