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Counts v. State

Supreme Court of Delaware

July 15, 2014

RYAN F. COUNTS, Defendant-Below, Appellant,
v.
STATE OF DELAWARE, Plaintiff-Below, Appellee

Submitted June 27, 2014

Case Closed July 31, 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 No. 0904025853.

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

OPINION

ORDER

Leo E. Strine, Jr. Chief Justice

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

(1) The defendant-appellant, Ryan F. Counts, filed this appeal from the Superior Court's sentence for his fifth violation of probation (" VOP" ). We find no merit to the appeal. Accordingly, we affirm.

(2) The record reflects that Counts was indicted on two counts of second degree rape in May 2009. On October 26, 2009, Counts pled guilty to one count of fourth degree rape. That same day the Superior Court sentenced Counts to eight years of Level V incarceration, suspended after one year for one year of Level III probation. Counts did not appeal the October 26, 2009 order.

(3) On December 15, 2010, the Superior Court found Counts had committed his first VOP. Effective September 29, 2010, Counts was sentenced to eight years of Level V incarceration, with credit for one year previously served, suspended for nine months of Level IV work release or home confinement, followed by eighteen months of Level III probation. Counts did not appeal the December 15, 2010 order.

(4) On January 26, 2011, the Superior Court found Counts had committed his second VOP. Effective January 12, 2011, Counts was sentenced to eight years of Level V incarceration, with credit for one year previously served, suspended after eighteen months for six months of Level IV work release, followed by six months of Level III probation. Counts did not appeal the February 10, 2011 order, but moved for modification of his sentence in the form of an eight year Level V sentence, suspended after twenty-one months of Level V incarceration with no probation. The Superior Court denied this motion on March 25, 2011.

(5) On November 30, 2011, the Superior Court modified the January 26, 2011 order. Effective November 30, 2011, Counts was sentenced to three years of Level V incarceration, suspended for ten months and fifteen days of Level III probation. The November 30, 2011 order explicitly provided " [a]ll credit time accounted for up to ...


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