Williams v. State

560 A.2d 1012, 1989 Del. LEXIS 173
CourtSupreme Court of Delaware
DecidedMay 12, 1989
StatusPublished
Cited by5 cases

This text of 560 A.2d 1012 (Williams v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Williams v. State, 560 A.2d 1012, 1989 Del. LEXIS 173 (Del. 1989).

Opinion

MOORE, Justice.

Defendant John H. Williams (“Williams”) appeals from an order of the Superior Court revoking his unexecuted probation because of prior criminal convictions, which were unknown at the time probation was granted. Williams maintains that the Superior Court had no authority to revoke an unexecuted sentence of probation upon being informed of the defendant’s undiscovered criminal conduct, and that such revocation constitutes an abuse of the trial judge’s discretion absent a demonstration of the defendant’s concealment of his criminal activities. In our opinion the decision of the trial court was entirely proper and wholly consistent with its broad authority under 11 Del.C. § 4333, regarding the termination of probationary sentences. Moreover, it is clear under the plain language of 11 Del.C. § 4333 that the Superior Court, in the proper exercise of its discretion, may revoke a prior grant of probation. Furthermore, we concur with the trial court’s reliance upon United States v. Veatch, 792 F.2d 48 (3rd Cir.1986) for the proposition that a trial court may equitably revoke a probationary sentence at any time prior to the commencement or execution of that sentence. Sound public policy requires that our trial courts be empowered to revoke unexecuted probationary sentences when the defendant’s record demonstrates that an earlier evaluation at sentencing was inaccurate. See United States v. Ross, 503 F.2d 940, 943 (5th Cir.1974); United States v. Wickenhauser, 710 F.2d 486, 487 (8th Cir.1983). Accordingly, we affirm.

I.

Williams was convicted in 1985 of forgery and was sentenced on November 22, 1985 to four years’ imprisonment, suspended for four years’ probation. This probation was to terminate on November 18, 1989. However, during this term of probation Williams was arrested, and was convicted of the crimes of Robbery Second Degree (11 Del.C. § 831) and Conspiracy Second Degree (11 Del. C. § 512). On July 25, 1986, he was sentenced to three years’ imprisonment, suspended for an additional probationary term of three years, to begin upon the expiration of his unexpired term of probation on November 18, 1989. Yet unknown to the Superior Court, on July 24, 1986 — one day before his sentencing on the robbery/conspiracy convictions — Williams committed a new offense of Conspiracy Second Degree, but was not arrested and convicted for this crime until later in the year.

On April 24, 1987, when Williams was being sentenced on the second conspiracy conviction, the Superior Court found him in violation of his current probationary term on the forgery charge, but terminated his probation for this offense without imposing the suspended sentence of four years. Additionally, the trial court revoked Williams’ unexecuted probation on his rob *1014 bery/conspiracy convictions and imposed the previously suspended three year term of imprisonment upon the defendant. Finally, the court sentenced Williams to an additional two years’ imprisonment on the latter conspiracy conviction.

II.

In its ruling, the trial court cited United States v. Veatch, 792 F.2d 48 (3rd Cir.1986) as authority for the revocation of Williams’ unexecuted probationary term. In Veatch, United States Court of Appeals for the Third Circuit was faced with the question of whether a Federal district court had the authority under the Federal Probation Act 1 to revoke a previously imposed, but unexe-cuted, probationary sentence. Noting that under § 3651 of the Federal Probation Act the district courts “may revoke or modify any condition of probation, or may change the period of probation,” the Third Circuit found that trial courts had wide discretion over probationary matters, which implicitly included the power to revoke a prior grant of probation. Veatch, 792 F.2d at 50-52.

Moreover, the Third Circuit in Veatch specifically rejected the “literal reading” of the Federal Probation Act found in United States v. Dick, 773 F.2d 937 (7th Cir.1985), which limited the revocation authority of Federal courts to those events which occur “during the period of probation.” Veatch, 792 F.2d at 51; Cf. Dick, 773 F.2d at 944. The Third Circuit declined to follow the rationale of Dick, finding that such a “narrow” and “superficial” statutory interpretation of the Federal Probation Act would irrationally prevent trial courts from revoking the probation of convicted offenders who commit additional offenses while their original conviction is on appeal. See Veatch, 792 F.2d at 51-52. Furthermore, Veatch found that the revocation of probation is fully justified upon a defendant’s display of recidivous tendencies. Id. at 52.

Nevertheless, Williams maintains on appeal that the trial judge abused his discretion in revoking the defendant’s unexecut-ed term of probation, and that the rationale of Dick, rather than Veatch, should govern this inquiry. Williams contends that his July 24, 1986 act of conspiracy occurred before his sentencing on the robbery/conspiracy charges and argues that his circumstances are factually distinguishable from Veatch, where the additional offense occurred after sentencing, but before the commencement of the probationary term. Moreover, Williams argues that the pertinent general conditions of his probation expressly forbids prospective convictions only during the supervisory period, and does not specifically address acts committed before the sentencing and commencement of the probationary term itself. Finally, Williams asserts that the trial court had no authority to revoke his imposed but unexecuted probationary term absent a finding of active concealment or misrepresentation by the defendant of his prior record.

III.

Initially, we observe that throughout his argument, Williams ignores and otherwise fails to substantively address the relevant statutory language of 11 Del. C. §§ 4301 2 and 4333, 3 which undisputedly empowers *1015 the Superior Court to grant and terminate probationary and suspended sentences arising from criminal convictions. Under 11 Del.C. § 4301, probation is specifically authorized “whenever it appears desirable in the light of the needs of public safety and [the offender’s] own welfare”. Furthermore, under 11 Del. C.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Boone
Superior Court of Delaware, 2019
Lewis v. State
Supreme Court of Delaware, 2015
Oliver v. State
Supreme Court of Delaware, 2015
Perry v. State
741 A.2d 359 (Supreme Court of Delaware, 1999)
Jones v. State
560 A.2d 1056 (Supreme Court of Delaware, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
560 A.2d 1012, 1989 Del. LEXIS 173, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-state-del-1989.