November 5, 2019.
Closed December 30, 2019.
decision has been designated as "Table of Decisions
Without Published Opinions." in the Atlantic Reporter.
Below— Superior Court of the State of Delaware. Cr. ID
No. 9912000027 (K).
SEITZ, Chief Justice; VALIHURA, and TRAYNOR, Justices.
Collins J. Seitz, Jr., Chief Justice.
consideration of the appellant's opening brief, the
appellee's motion to affirm, and the record below, it
appears to the Court that:
The appellant, Detlef Hartmann, filed this appeal from the
Superior Court's September 10, 2019 order sentencing him
for a violation of probation (" VOP" ). The State
of Delaware has moved to affirm the Superior Court's
judgment on the ground that it is manifest on the face of
Hartmann's opening brief that the appeal is without
merit. We agree and affirm.
The record reflects that, in March 2001, Hartmann pled guilty
to second degree unlawful sexual intercourse and two counts
of unlawful sexual contact. The Superior Court sentenced
Hartmann as follows: (i) for unlawful sexual intercourse,
effective December 1, 1999, fifteen years of Level V
incarceration, suspended after ten years for decreasing
levels of supervision; and (ii) for each count of unlawful
sexual contact, two years of Level V incarceration suspended
for two years of Level II probation. The probationary terms
The Superior Court also ordered that Hartmann not have any
contact with children under the age of eighteen, except for
his biological children. The no-contact provision was later
modified to include any biological children adopted by
another person after the termination of Hartmann's
parental rights. Hartmann did not appeal his convictions or
April 10, 2012, the Superior Court found that Hartmann had
violated his probation. The Superior Court sentenced Hartmann
as follows: (i) for unlawful sexual intercourse, effective
May 18, 2011, five years of Level V incarceration, suspended
after four years and successful completion of a Sexual
Adjustment Program for one year of Level III probation; and
(ii) for each count of unlawful sexual contact, two years of
Level V incarceration suspended for two years of Level III
probation. The probationary terms were consecutive. All
previous terms and conditions of Hartmann's sentence were
re-imposed. This Court affirmed the Superior Court's
judgment on direct appeal.
August 12, 2019, an administrative warrant was filed for
Hartmann's VOP. The VOP report alleged that Hartmann had
violated his probation by having sexual contact with a minor.
After a contested hearing on September 10, 2019, the Superior
Court found that Hartmann had violated his probation. The
Superior Court sentenced Hartmann as follows: (i) for one
count of unlawful sexual contact, effective August 12, 2019,
two years of the Level V Transitions Sex Offender Program;
and (ii) for the other count of unlawful sexual contact, two
years of Level V incarceration, suspended after one year and
successful completion of the Transitions Sex Offender
Program, for two years of Level III probation. This appeal
his opening brief on appeal, Hartmann argues that: (i) his
2001 convictions should be invalidated; (ii) there was
insufficient evidence to support the Superior Court's
finding of a VOP; (iii) the State failed to represent all
members of the public, including Hartmann, in the VOP
proceedings; and (iv) his counsel at the VOP hearing was
ineffective. We will not ...