State v. Petty

Annotate this Case
Download PDF
IN THE SUPREME COURT OF THE STATE OF DELAWARE STATE OF DELAWARE, Plaintiff BelowAppellant, v. LEVAL E. PETTY, Defendant BelowAppellee. § § § § § § § § § § § § No. 499, 2011 Court Below: Superior Court of the State of Delaware in and for New Castle County ID No. 100900052 Submitted: July 18, 2012 Decided: July 31, 2012 Before STEELE, Chief Justice, HOLLAND, and RIDGELY, Justices. ORDER This 31st day of July 2012, it appears to the Court that: (1) The State of Delaware appeals as of right1 from a Superior Court order sentencing Defendant-Below/Appellee, Leval E. Petty, to three years of imprisonment for his conviction of Attempted Robbery First Degree. The State contends that because Petty was declared a habitual offender for this conviction, which was a violent felony, the Superior Court was required by law to sentence Petty to at least the statutory maximum penalty for that 1 See 10 Del. C. § 9902(a), (f). conviction.2 The statutory maximum penalty for Attempted Robbery First Degree is twenty-five years of Level V imprisonment.3 (2) On appeal, Petty concedes that as a matter of law the Superior Court was required to impose a minimum sentence of twenty-five years pursuant to 11 Del. C. § 4214(a). But, Petty argues that the State has waived appellate review of the sentencing issue by failing to brief the issue below after sentencing or move for a correction of sentence under Superior Court Criminal Rule 35(a). (3) We find no merit to Petty s waiver argument. At sentencing, the State made a timely objection to the sentence imposed. Because the parties agree and the record shows that the sentence imposed does not comply with the applicable statutes, we must reverse and remand for resentencing. (4) NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is REVERSED and this matter is REMANDED for 2 See 11 Del. C. § 4214(a) ( Notwithstanding any provision of this title to the contrary, any person sentenced pursuant to this subsection shall receive a minimum sentence which shall not be less than the statutory maximum penalty provided elsewhere in this title for the 4th or subsequent felony which forms the basis of the State s petition to have the person declared to be an habitual criminal except that this minimum provision shall apply only when the 4th or subsequent felony is a Title 11 violent felony, as defined in § 4201(c) of this title. ) 3 11 Del. C. § 832(a), (c); § 4205(b)(2). 2 sentencing on the Attempted Robbery First Degree charge consistent with the applicable penal statutes. BY THE COURT: /s/ Henry duPont Ridgely Justice 3

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.