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CRUZ v. STATE

No. 298, 2008.

990 A.2d 409 (2010)

Roberto CRUZ, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: February 19, 2010.

Attorney(s) appearing for the Case

Christopher D. Tease, Esquire, Wilmington, DE, for appellant.

James T. Wakley, Esquire, Department of Justice, Wilmington, DE, for appellee.

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

HOLLAND, Justice:

The defendant-appellant, Roberto Cruz ("Cruz"), appeals from a judgment entered by the Superior Court after a violation of probation ("VOP") hearing. Cruz's first argument is that the Superior Court erred in finding that Cruz had violated the terms of his probation. According to Cruz, it was improper for the judge to consider evidence presented to a jury at Cruz's criminal trial presided over by the same judge the preceding week that resulted in...

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