Smith v. State

Summary

The Delaware Supreme Court affirmed the Superior Court's denial of Jeffrey Smith's motion for sentence modification, granting the State's motion to affirm because it is manifest on the face of the opening brief that the appeal is without merit. Smith, sentenced above the SENTAC presumptive guidelines after the sentencing court rejected his plea recommendation, argued the court misapplied the aggravating factors of undue depreciation of offense, need for correctional treatment, and lack of remorse, and erred in finding he posed a continuing threat and engaged in uncharged misconduct. The Court held the Superior Court acted within its 'near-complete discretion' to depart from the nonbinding SENTAC guidelines and to consider information beyond the conduct of conviction, including allegations Smith elected not to address at allocution.