KEVIN L. WOODS, Defendant Below, Appellant,
STATE OF DELAWARE, Plaintiff Below, Appellee.
Submitted: January 22, 2018
Below-Superior Court of the State of Delaware Cr. ID No.
STRINE, Chief Justice; SEITZ and TRAYNOR, Justices.
F. Traynor Justice.
appellant, Kevin L. Woods, filed this appeal from the
sentence imposed by the Superior Court on December 8, 2017,
on his second violation of probation
("VOP"). On appeal, Woods contends that the
sentence is "excessive." The appellee, State of
Delaware, has filed a motion to affirm the Superior
Court's judgment because it is clear on the face of
Woods' opening brief that the appeal is without merit. We
agree and affirm.
Woods' original sentence was imposed on January 12, 2017,
following his guilty plea on the charge of Failure to
Properly Report as a Registered Sex Offender. The Superior
Court sentenced Woods to two years of Level V incarceration,
suspended after sixty days, followed by one year of
October and December 2017, Woods was found guilty of
violating his probation and was re-sentenced. For the first
VOP, the Superior Court sentenced Woods, on October 9, 2017,
to one year and ten months of Level V incarceration,
immediately suspended for sixty days at the Level IV Sussex
VOP Center, followed by one year of probation. For the second
VOP, the court sentenced Woods, on December 8, 2017, to one
year and seven months of Level V incarceration, suspended
after six months served in its entirety under 11 Del.
C. § 4204(k), followed by one year of
appeal, our review of a sentence generally ends upon a
determination that the sentence is within the statutory
limits prescribed by the legislature. When sentencing a defendant
on a second or successive VOP, the Superior Court is
authorized to impose any period of incarceration-up to and
including the balance of incarceration remaining on the
original sentence-as long as the defendant is given credit
for all incarceration previously served,  and the
subsequent sentence does not exceed a term left suspended by
the prior sentence.
this case, Woods does not allege-and the record does not
reflect- that the sentence imposed on December 8, 2017 for
his second VOP exceeded statutory limits. Requiring Woods to
serve the six months of unsuspended incarceration in its
entirety was authorized by statute and was a proper use of
the Superior Court's discretion. Also, the sentence properly
included the time-served credit to which Woods was entitled
and did not impose incarceration in excess of what was
suspended in the sentence imposed for his first VOP.
THEREFORE, IT IS ORDERED that the judgment of the Superior
Court is AFFIRMED.
 The sentence imposed on December 8,
2017 was made effective November ...