Brinkley v. State
CourtSupreme Court of Delaware
Date FiledOctober 19, 2026
Docket258, 2026
StatusPublished
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Full Opinion
IN THE SUPREME COURT OF THE STATE OF DELAWARE
DWAYNE C. BRINKLEY, §
§ No. 258, 2026
Defendant Below, §
Appellant, § Court Below—Superior Court
§ of the State of Delaware
v. §
§ Cr. ID No. 2512006923(K)
STATE OF DELAWARE, §
§
Appellee. §
Submitted: August 13, 2026
Decided: October 19, 2026
Before SEITZ, Chief Justice; TRAYNOR and LEGROW, Justices.
ORDER
Upon consideration of the opening brief, the motion to affirm, and the record
on appeal, it appears to the Court that:
(1) The appellant, Dwayne C. Brinkley, appeals a Superior Court order
sentencing him for a violation of probation (“VOP”). The State of Delaware has
moved to affirm the Superior Court’s judgment on the ground that it is manifest on
the face of Brinkley’s opening brief that the appeal is without merit. We agree and
affirm.
(2) On January 21, 2026, Brinkley pleaded guilty to third-degree burglary.
The Superior Court sentenced Brinkley, effective December 12, 2025, to three years
of Level V incarceration suspended for one year of Level III probation.
(3) On March 23, 2026, an administrative warrant was filed for Brinkley’s
VOP. The VOP report alleged that Brinkley had violated his probation by, among
other things, testing positive for cocaine and failing to report for a random urine
screen. On April 10, 2026, the Superior Court found that Brinkley had violated his
probation. The Superior Court sentenced Brinkley, effective March 23, 2026, to two
years, ten months, and twenty-one days of Level V incarceration, suspended for six
months of Level III GPS probation, followed by six months of Level III probation.
(4) On May 12, 2026, an administrative warrant was filed for Brinkley’s
VOP. The VOP report alleged that Brinkley had violated his probation by (i) failing
to obtain a substance abuse evaluation as directed by his probation officer on April
20, 2026 after Brinkley tested positive for cocaine, (ii) testing positive for cocaine
and admitting to use of cocaine on May 11, 2026, and (iii) failing to abide by his
curfew on May 6, 7, 9, and 10.
(5) After a hearing, the Superior Court found that Brinkley had violated his
probation. The Superior Court sentenced Brinkley, effective May 11, 2026, to two
years, nine months, and twenty-six days of Level V incarceration, suspended after
eighteen months of Level V incarceration and successful completion of a Level V
inpatient drug treatment program for one year of Level III probation. This appeal
followed.
2
(6) In his opening brief, Brinkley argues that his VOP counsel was
ineffective, that his probation officer was unhelpful and impatient with his diligent
efforts to obtain a substance abuse evaluation, and that the VOP sentence constitutes
cruel and unusual punishment for technical violations. These arguments are
unavailing.
(7) As to Brinkley’s first argument, this Court generally does not consider
ineffective assistance of counsel claims for the first time on direct appeal and
declines to do so here. 1 Turning to his second argument, Brinkley admits in his
opening brief that he tested positive for cocaine. He also does not dispute his curfew
violations. The Superior Court had a sufficient basis for finding that Brinkley
violated his probation.
(8) Finally, this Court’s appellate review of a sentence is extremely limited
and generally ends upon a determination that the sentence is within statutory limits.2
When the sentence falls within the statutory limits, “we consider only whether it is
based on factual predicates which are false, impermissible, or lack minimal
reliability, judicial vindictiveness or bias, or a closed mind.”3 Once Brinkley
1
Williams v. State, 272 A.3d 273, 2022 WL 351084, at *1 (Del. Feb. 4, 2022) (TABLE) (citing
Desmond v. State, 654 A.2d 821, 829 (Del. 1994)).
2
Kurzmann v. State, 903 A.2d 702, 714 (Del. 2006).
3
Id.
3
committed a VOP, the Superior Court could impose any period of incarceration up
to and including the balance of the Level V time remaining on his sentence.4 The
Level V time imposed for Brinkley’s VOP—two years, nine months, and twenty-six
days of Level V incarceration, suspended after eighteen months of Level V
incarceration and successful completion of a Level V inpatient drug treatment
program—does not exceed the Level V time remaining on the sentence. Nor does it
constitute cruel and unusual punishment.
NOW, THEREFORE, IT IS ORDERED that the motion to affirm is
GRANTED and the judgment of the Superior Court be AFFIRMED.
BY THE COURT:
/s/ Gary F. Traynor
Justice
4
11 Del. C. § 4334(c); Pavulak v. State, 880 A.2d 1044, 1046 (Del. 2005).
4