Martin v. State
| Docket Number | 386,2022 |
| Decision Date | 07 November 2023 |
| Parties | LARRY MARTIN, Defendant Below, Appellant, v. STATE OF DELAWARE, Appellee. |
| Court | United States State Supreme Court of Delaware |
Submitted: September 13, 2023.
Upon appeal from the Superior Court. AFFIRMED.
Nicole M. Walker, Esquire, Office of the Public Defender Wilmington, Delaware.
Matthew C. Bloom, Esquire, Delaware Department of Justice, Wilmington, Delaware.
Before SEITZ, Chief Justice; VALIHURA, TRAYNOR, LeGROW, and GRIFFITHS, Justices, constituting the Court en banc.
This appeal arises out of the Superior Court's sentencing of defendant-below, appellant Larry D. Martin ("Martin"). On May 26, 2022, Martin pled guilty to one count of Stalking and two counts of Non-Compliance with Bond ("NCB"). The trial court entered its first sentencing order on August 12, 2022, followed by three corrected sentencing orders, entered on September 8, September 21, and October 17, 2022, respectively. In its first sentencing order, the trial court sentenced Martin to five years of incarceration at supervision Level V, suspended after one year, for the Stalking conviction. He was also ordered to pay a fine of $100 for each of his two NCB convictions. Both fines were suspended.
It is undisputed that the trial court's first sentencing order was illegal because it imposed a sentence that exceeded the maximum lawful sentence for Stalking, which is three years at Level V supervision. In an email dated August 29, 2022, Martin's trial counsel ("Trial Counsel") informed the trial court of the illegality of the sentence, and that the State recommended that the trial court fix its error by redistributing Martin's five-year prison sentence across the Stalking conviction and the two NCB convictions. The trial court did just that. In a corrected sentencing order, issued on September 8, 2022, the trial court reduced Martin's sentence for Stalking to three years of incarceration at Level V supervision, to bring it in line with the lawful maximum sentence. The trial court then added one year of incarceration at Level V supervision, suspended for probation, to the suspended fines for each NCB conviction. It is undisputed that if this had been the original sentence, Martin's sentence would have been lawful.
Martin appeals the trial court's sentencing order insofar as it modifies his sentence for the NCB convictions. He argues that by increasing his sentence for the NCB convictions, the trial court effectively resentenced him for those convictions despite the fact that he had already served them. This is because those sentences consisted solely of fines that were suspended when imposed and as such, were completed as of the date of the sentence. According to Martin, he completed his sentence for both NCB convictions on August 12, 2022, and any subsequent resentencing was barred by principles of double jeopardy.
For the reasons set forth below, we AFFIRM the sentence imposed by the trial court in its September 8, 2022 sentencing order, as modified by the September 21, 2022 and October 17, 2022 sentencing orders.
On May 23, 2022, a Superior Court grand jury returned a fourteen-count indictment against Martin.[1] Three days later, Martin entered into a plea agreement with the State, wherein he pled guilty to one count of Stalking and two counts of NCB. The State agreed to enter a nolle prosequi on the remaining charges.[2] Stalking is a class F felony punishable by up to three years in prison, with a six-month minimum mandatory period of incarceration. NCB is a misdemeanor offense punishable by up to one year in prison and up to a $500 fine.[3] In the plea agreement, the State agreed to cap the unsuspended Level V time at eighteen months, and the State and Martin agreed to the following conditions: that Martin have no contact with the victim, that Martin undergo a mental health evaluation and follow recommended treatment, and that he complete a Domestic Violence Coordinating Council certified domestic violence course.[4]
As required, the trial court held a colloquy to determine whether Martin freely and knowingly accepted the plea. With respect to the Stalking charge, the trial judge asked whether Martin understood that [5] With respect to the NCB charges, the trial judge ensured Martin understood that [6]The trial court told Martin that the guidelines are simply recommendations to the trial court and that "what that means in total is the maximum punishment you're facing is five years with a minimum of six months, and a fine of up to a thousand dollars, plus anything at the [c]ourt's discretion on the stalking charge."[7] After completing its colloquy with Martin, the trial court found Martin's plea to be knowingly, voluntarily, and intelligently offered. Accordingly, it accepted his plea and ordered a pre-sentence investigation.[8]
Martin's sentencing hearing was held on August 12, 2022. The State opened by reading an impact statement written by the victim. In her statement, the victim urged that Martin be incarcerated to ensure her safety as well as the safety of their daughter.[9] The State then gave the court a brief overview of the events leading up to Martin's arrest,[10] and noted the following aggravating factors: custody status at the time of the offense, repetitive criminal conduct, prior violent criminal conduct, lack of amenability, and lack of remorse.[11] Based on these factors, the State requested that Martin serve "a total of five years of Level V, suspended after 18 months Level V, six months of which are minimum mandatory, suspended for six months at Level IV probation, followed by one year at Level III probation with GPS monitoring."[12] Martin asked the court to limit his sentence to time served, which at the time was approximately nine months, followed by Level III probation with GPS monitoring.[13] He presented mitigating factors, such as his struggle with mental health. A letter written by Martin's mother was read as well.
After hearing from the State and Martin, the trial judge considered the following aggravating factors: Martin's custody status at the time of the offense, Martin's repetitive criminal conduct, Martin's prior violent criminal conduct, and Martin's lack of amenability. The trial court also considered Martin's need for mental health treatment as a mitigating factor. Ultimately, the trial court issued the following sentence, in relevant part:
With regard to the stalking, effective November 13, 2021, five years at Level V, six months are mandatory, suspended after one year for six months at Level III GPS monitoring, followed by one year at Level III .... With regard to [NCB count one], $100 fine; and [NCB count two], $100 fine.[14]
The trial court entered its first sentencing order on August 12, 2022 (the "First Sentencing Order"), memorializing the sentence it orally announced during Martin's sentencing hearing. Specifically, it issued the following sentence:
On August 29, 2022, Trial Counsel sent a letter to the trial judge, copying the State, explaining that the First Sentencing Order was illegal because "Stalking class F felony has a maximum of 3 years."[16] Trial Counsel then advised the court of the State's position as it had been communicated to her stating that:
[17]
Although Trial Counsel was restating in the email what the State had advised her, Trial Counsel seemingly acquiesced in the State's recommendation as she did not object to the State's proposed solution or propose an alternative. Instead, Trial Counsel simply stated she was "happy to file a Motion if that would be the [c]ourt's preference."[18]
Approximately a week later, on September 8, 2022, the trial court issued a corrected sentencing order (the "Second Sentencing Order"). In the Second Sentencing Order, the trial court corrected the sentence as requested by the State through Trial Counsel. That is, the Second Sentencing Order orders Martin to serve three years incarceration for Stalking at Level 5, suspended after one year at Level 5 for six months at Level 3. That order also sentenced Martin to one year of incarceration for each of the NCB charges, suspended for one year at supervision Level 1. Probation on all three was to be "concurrent to any probation now serving."[19]
The trial court issued another corrected sentencing order on September 21, 2022 (the "Third Sentencing Order") this time "to remove language in the sentence for each...
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