Opinion
ID No. 0410013589.
Date Submitted: May 10, 2007.
June 20, 2007.
Michael J. Davis, Smyrna, DE.
Dear Mr. Davis:
Pending before the Court is a motion for postconviction relief which defendant Michael J. Davis ("defendant") has filed pursuant to Superior Court Criminal Rule 61.
Defendant originally was sentenced in this matter on January 18, 2005. He violated his probation three times and was sentenced on those violations on August 12, 2005; September 30, 2005; and February 1, 2007, as amended by order dated April 3, 2007.
Defendant attacks the violation of probation which took place on February 1, 2007. That adjudication was based on a report alleging violations of defendant's Level 3 probation that occurred in August and September, 2006. Defendant argues that he could not have been violated during that time because he was on conditional release and he had not yet started serving his Level 3 probation. He maintains he only could have had his parole revoked.
This Court previously dealt with this issue in its May 7, 2007, decision addressing defendant's motion to correct sentence. State v. Davis, Del. Super., Def. ID# 0410013589, Stokes, J. (May 7, 2007) ("May 7, 2007 decision"). Without dealing with the procedural bars of Superior Court Criminal Rule 61, I repeat what I told defendant in my May 7, 2007 decision. This Court can revoke a defendant's probation at any time.Williams v. State, 560 A.2d 1012 (Del. 1989); U.S. v. Veatch, 792 F.2d 48 (3d Cir. 1986), cert. den., 479 U.S. 933 (1986). It does not matter if a defendant is not yet serving the probation nor does it matter if a defendant is on parole at the time. Id.; State v. Stewart, Del. Super., Def. ID# 30701972DI, Gebelein, J. (April 17, 2003).
Defendant's motion for postconviction relief is denied.
IT IS SO ORDERED.