01/31/92 Melvin D. Mayes V. State Delaware

Defendant, Melvin D. Mayes, appeals from the Superior Court's denial of his motion for reduction of sentence under Superior Court Criminal Rule 35(b). We do not find the Superior Court to have abused its discretion in the term of sentence imposed on defendant for the crimes to which he pled guilty. Nor do we find the court to have committed legal error in relying on allegations in the presentence report that defendant had committed more serious and more extensive crimes than those to which he had pled guilty. The court implicitly found such allegations to be credible and reliable. Since the record supports such findings, we conclude that the court comported with due process by relying on information meeting the "minimal indicium of reliability beyond mere allegation" standard under United States v. Baylin, 3d Cir., 696 F.2d 1030 (1982). Therefore, we affirm.