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STATE v. CHIANESE

No. 684, 2014.

128 A.3d 628 (2015)

STATE of Delaware, VICTIMS' COMPENSATION ASSISTANCE PROGRAM, Plaintiff Below, Appellant, v. David CHIANESE, Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: November 2, 2015.

Reargument Denied November 18, 2015.

Attorney(s) appearing for the Case

Ralph K. Durstein III, Esquire , Department of Justice, Wilmington, Delaware, for Appellant.

Alfred J. Lindh, Esquire , Wilmington, Delaware, for Appellee.

Before STRINE, Chief Justice; VALIHURA, and SEITZ, Justices.

In this appeal, we must determine whether the Court of Common Pleas had the authority as part of a sentencing proceeding to require the criminal defendant to reimburse the Victims' Compensation Assistance Program ("VCAP") for payments VCAP made to the victim of the crime. The Court of Common Pleas denied restitution because it ruled...

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