In re Locklear, 710 A.2d 218 (Del. 1998)

Cases | In re Locklear, 710 A.2d 218 (Del. 1998) | 2018

The defendant pled guilty to ten counts of felony theft based on securities fraud and was ordered to pay restitution of $697,539.05. The defendant sought modification of the order to reflect a credit for compensation paid by a securities brokerage firm to the victims. The trial court denied the application, and the supreme court remanded on appeal. The trial court directed that $592,151.10 be credited toward restitution. The defendant was subsequently ordered to make payments on the remaining amount of restitution as a condition of parole. The defendant submitted a letter to the trial judge disputing the amount of restitution and filed a petition for writ of mandamus requesting that the court order modification. The supreme court held that there was no basis for a writ of mandamus. The defendant did not demonstrate that the trial court arbitrarily refused to perform a duty to him or that there was no adequate remedy available to address his claim.