Benge v. Delaware
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On May 9, 2014, defendant-appellant, John Benge, Jr., appealed a January 16, 2014 superior court order denying his Motion for Modification of Probation and an April 9, 2014 order denying his Motion for Reargument. On May 29, 2014, Benge filed an appeal of another superior court's February 14, 2014 order denying his Motion for Modification of Probation and April 29, 2014, order denying his Motion for Reargument. After Benge filed his opening briefs in both appeals, the State filed a Motion to Consolidate the appeals. Then on August 27, 2014, Benge filed a Motion for Expedited Further Proceedings. Based on his calculations, he claimed that his probation had ended on May 9, 2014, except for Level I Restitution Only probation, and yet he remained subject to the conditions of Level III probation. The State did not oppose the motion because briefing had already been completed. In light of the completion of briefing and submission of the matter for decision as of September 12, 2014, the Supreme Court held that the Motion for Expedited Further Proceedings was moot. On appeal, Benge argued that the two Superior Court judges erred in denying his motions to reduce the level of his supervision from Level III to Level I and that the length of his probation was calculated incorrectly. Upon consideration of the briefs of the parties and the record below, the Supreme Court found no reversible errors, and affirmed.
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