Pavulak v. State

RIDGELY, Justice.

The defendant-appellant, Paul E. Pavu-lak, 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 balance of his reduced suspended sentence. Accordingly, we vacate the second VOP sentence and remand this matter for re-sentencing consistent with this opinion.

I

On June 30,…