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Benge v. State

Supreme Court of Delaware

September 22, 2014

JOHN H. BENGE, JR., Defendant-Below, Appellant,
v.
STATE OF DELAWARE, Plaintiff-Below, Appellee

Submitted September 12, 2014.

Motion for Reargument filed 10/2/14; Denied 10/31/14. Case Closed October 31, 2014.

Upon appeal from the Superior Court.

Mr. John H. Benge, Jr., Pro se, Georgetown, Delaware.

Kathryn J. Garrison, Esquire, Deputy Attorney General, Georgetown, Delaware, for Appellee.

Before HOLLAND, RIDGELY, and VALIHURA Justices.

OPINION

Page 974

HOLLAND, Justice

On May 9, 2014, the defendant-appellant, John H. Benge, Jr., filed an appeal from the New Castle County Superior Court's January 16, 2014 order denying his Motion for Modification of Probation and April 9, 2014 order denying his Motion for Reargument. This appeal was assigned No. 239, 2014. On May 29, 2014, Benge filed an appeal from the Sussex County Superior Court's February 14, 2014 order denying his Motion for Modification of Probation and April 29, 2014, order denying his Motion for Reargument. This appeal was assigned No. 283, 2014. After Benge filed his opening briefs in both appeals, the State filed a Motion to Consolidate appeal No. 239, 2014 and appeal No. 283, 2014. This Court granted the Motion to Consolidate on July 15, 2014.

On August 27, 2014, Benge filed a Motion for Expedited Further Proceedings. Based on his calculations, he claimed that his probation had ended on May 9, 2014, except for Level I Restitution Only probation, and yet he remained subject to the conditions of Level III probation. The State did not oppose the motion because briefing had already been completed. In light of the completion of briefing and submission of the matter for decision as of September 12, 2014, this Court held that the Motion for Expedited Further Proceedings was moot.

On appeal, Benge argues that the two Superior Court judges erred in denying his motions to reduce the level of his supervision from Level III to Level I and that the length of his probation has been calculated incorrectly. Upon consideration of the briefs of the parties, including the permissive writing submitted by Benge on September 16, 2014,[1] and the record below,

Page 975

we have concluded that the judgments of the Superior Court must be affirmed.

Convictions and Sentences

The record reflects that a Sussex County grand jury indicted Benge for offenses arising from an October 2002 assault on his former wife and shooting of her friend (" Sussex County Case A" ). Three charges were later severed from the indictment and brought in another case (" Sussex County Case B" ). In February 2003, a New Castle County grand jury indicted Benge for offenses arising from his installation of a ...


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