Plaches v. Delaware
Annotate this CaseAfter a hearing, a superior court held James Plaches in violation of the terms of his probation after he admitted to police contact. The court sentenced Plaches to seven years of unsuspended prison time, followed by community supervision with conditions. On appeal, Plaches argued he could not have violated his probation by complying with a condition of his probation, namely, reporting police contact. Plaches argued the court specifically found one fact, police contact, and based on that finding, the Superior Court erroneously held that “‘obviously’ the [c]ourt must find that [Plaches] violated the terms and conditions of his probation.” The Delaware Supreme Court was unable to determine on this record what evidence the Superior Court relied on when it found Plaches in violation of his probation. Therefore, it reversed the Superior Court's judgment and remanded for additional findings.
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