Massey v. State

HERRMANN, Justice:

The question here is whether the Superior Court may properly consider the defendant’s record in the Family Court when sentencing him as an adult in a robbery case. We hold that it may.

In the process of imposing sentence, the Trial Judge indicated that he had the defendant’s Family Court record before him as part of the pre-sentence report; and that he had considered the contents of that record in formulating the sentence. Thereafter, the defendant moved under Superior Court Criminal Rule 35, Del.C.Ann., for correction, reduction, or vacation of the sentence on the ground…