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PAVULAK v. STATE

No. 20,2005.

880 A.2d 1044 (2005)

Paul E. PAVULAK, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: August 8, 2005.

Attorney(s) appearing for the Case

Gregory M. Johnson, Esq., of Wilmington, Delaware, for Appellant.

John Williams, Esq., of the Department of Justice, Dover, Delaware, for Appellee.

Before STEELE, Chief Justice, HOLLAND, JACOBS, RIDGELY, Justices, and NOBLE, Vice Chancellor, constituting the Court en Banc.

RIDGELY, Justice.

The defendant-appellant, Paul E. Pavulak, appeals from a sentence imposed by the Superior Court for a second violation of probation ("VOP"). The sentence exceeded the sentence imposed after his first VOP that included a reduction of his original suspended sentence of incarceration. We find that the Superior Court erred, as a matter of law, in sentencing Pavulak to a prison term that was longer than the...

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