CourtListener 10729639•Tatman v. State
Full text
IN THE SUPREME COURT OF THE STATE OF DELAWARE
WILLIAM E. TATMAN, JR., §
§ No. 278, 2025
Defendant Below, §
Appellant, § Court Below—Superior Court
§ of the State of Delaware
v. §
§ Cr. ID Nos. K2210000575
STATE OF DELAWARE, § K2203004100
§
Appellee. §
Submitted: September 18, 2025
Decided: October 31, 2025
Before SEITZ, Chief Justice; LEGROW and GRIFFITHS, Justices.
ORDER
Upon consideration of the appellant’s opening brief, the appellee’s motion to
affirm, and the record below, it appears to the Court that:
(1) The appellant, William E. Tatman, Jr., filed this appeal from his
sentencing for a violation of probation (“VOP”). The State has moved to affirm the
Superior Court’s judgment on the ground that it is manifest on the face of the opening
brief that the appeal is without merit. We agree and affirm.
(2) On November 16, 2022, Tatman pleaded guilty to theft of a motor
vehicle. The Superior Court sentenced him to two years of imprisonment, suspended
for one year of Level II supervision, followed by one year of Level I supervision for
restitution. The sentence order was later modified to note that no restitution was
requested. On February 1, 2023, Tatman pleaded guilty in a separate case to theft
under $1500. The Superior Court sentenced him to one year of imprisonment,
suspended for one year of Level II supervision, followed by one year of Level I
supervision for restitution.
(3) The Superior Court sentenced Tatman for a VOP in July 2024. In May
2025, a probation officer filed a VOP report alleging that Tatman had again violated
probation. The report alleged that, although Tatman was required to report to the
probation office weekly, he had not reported since March 21. At a VOP hearing on
May 23, 2025, the Superior Court found Tatman to be in violation of probation and
imposed the following VOP sentences: for theft of a motor vehicle, one year and
ten months of imprisonment, suspended for one year of Level IV supervision at DOC
discretion, suspended after successful completion for one year of Level III
supervision; and for theft under $1500, ten months of imprisonment, suspended for
one year of Level III supervision, followed by one year of Level I supervision for
restitution.
(4) On appeal to this Court, Tatman argues that his sentence was excessive
for a “technical” violation of probation and that it exceeded the sentencing guidelines
established by the Sentencing Accountability Commission (“SENTAC”). “It is
well-established that appellate review of sentences is extremely limited.” 1 Our
1
Kurzmann v. State, 903 A.2d 702, 714 (Del. 2006).
2
review of a sentence generally ends upon a determination that the sentence is within
the statutory limits prescribed by the legislature.2 If the sentence falls within the
statutory limits, we consider only whether it is based on factual predicates that are
false, impermissible, or lack minimal reliability; judicial vindictiveness or bias; or a
closed mind.3 When sentencing a defendant for a VOP, the trial court may impose
any period of incarceration up to and including the balance of the Level V time
remaining to be served on the original sentence.4
(5) Tatman does not contend that he did not violate probation. Nor does
he assert that the Superior Court imposed more Level V time than remained on his
original sentences. The SENTAC guidelines are nonbinding and do not provide a
basis for appeal if the sentence falls within the statutory limits.5 Tatman has not
established any basis to conclude that his VOP sentences exceeded the Level V time
remaining on his original sentences or are otherwise subject to reversal.
2
Mayes v. State, 604 A.2d 839, 842 (Del. 1992).
3
Kurzmann, 903 A.2d at 714.
4
11 Del. C. § 4334(c).
5
Piper v. State, 2024 WL 1574469, at *2 (Del. Apr. 10, 2024) (citing Mayes, 604 A.2d at 845).
3
NOW, THEREFORE, IT IS ORDERED that the motion to affirm is
GRANTED and the judgment of the Superior Court is AFFIRMED.
BY THE COURT:
/s/ N. Christopher Griffiths
Justice
4
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