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State v. Swartz

The Sentence Review Panel had authority to review the defendant's sentence of 15 years with 10 years to serve, following the revocation of his first offender probation.

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After the Superior Courts Sentence Review Panel reduced the sentence for Christopher Swartz, the State moved to set aside the new sentence, alleging it was void. The trial court denied the motion, and the State appeals. Specifically, the State argues that the reduction order is void because the statutory scheme permitting for the reduction of sentences is unconstitutional. In the alternative, the State argues that the Sentence Review Panel exceeded its authority in reducing Swartz’s sentence. We affirm. The undisputed facts show that Swartz pleaded guilty to aggravated stalking and attempting to elude a police officer, and the trial court sentenced him as a first offender to five years probation. Swartz’ probation was subsequently revoked, and the trial court sentenced him to 15 years, with ten to serve in prison and the remaining five years served on probation. Swartz applied for the Sentence Review Panel to review his sentence, and the Panel reduced his prison sentence to five years, followed by ten years on probation. The State moved to set aside the new sentence, alleging that it was void.

The trial court denied the motion, and the State appealed to the Supreme Court. The Supreme Court concluded that it could not reach the State’s constitutional challenge because “the trial court did not specifically address or rule on the State’s constitutional question.” Accordingly, the Supreme Court transferred the matter to this Court.

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