(Download) "Melvin Lee Ward v. State Delaware" by Supreme Court of Delaware ~ eBook PDF Kindle ePub Free
eBook details
- Title: Melvin Lee Ward v. State Delaware
- Author : Supreme Court of Delaware
- Release Date : January 20, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Andrew G.T. Moore, II, Justice Melvin Ward appeals from a decision of the Superior Court sentencing him to seventeen years
in prison. Ward was convicted of second degree conspiracy and possession of a destructive weapon for his participation in
the robbery and fatal shooting of a sixty-seven year old man. On appeal he contends that the Superior Court abused its discretion
in imposing consecutive sentences that were more severe than those recommended by the Sentencing Accountability Commission
guidelines ("SENTAC guidelines"). Ward also claims that the Superior Court's sentences were based on factual misrepresentations
in a presentence report and on the sentencing Judge's personal antipathy to the defendant. We disagree. SENTAC guidelines,
while advisory, are neither mandatory nor binding upon a sentencing Judge. Under the circumstances, the sentencing Judge was
fully justified in departing from the voluntary sentencing guidelines. We also find no evidence that the Judge was improperly
influenced by either the presentence report or his own beliefs about the defendant's guilt or innocence. Accordingly, we affirm. I.
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