State of Delaware v. Argoe.
Annotate this Case
Download PDF
SUPERIOR COURT OF THE STATE OF DELAWARE J EROME O. H ERLIHY J UDGE D ANIEL L. H ERRMANN C OURT H OUSE W ILMINGTON, DE 19801-3353 April 4, 2002 Mr. James B. Argoe #439683 Gande r Hill 1301 East Twelfth Street Wilmington, DE 19802 RE: State v. James B. Argoe C.R.A.Nos. IN-01-07-0880 and 0882 ID No. 0106011226 Dear Mr. Argoe: You have ask ed me to m odify or clarify your se ntence for possession of a firearm during th e com miss ion o f a fe lony. 1 According to your motion, you claim the Department of Correction is not awarding you good time.2 This is happening because your sentence order notes that the three-year minimum is ?mand atory. The date of your offense was November 2, 2000. At that time, §1447A required the Court to impose, at lea st, a minimu m sentenc e of three years . The Co urt, in other words, was not permitted to suspend any part of the three -year sentence . Effective July 9, 2001, a new subsection (d) was added to §1447A which specifically prohibited the Department of Correction from awarding good time.3 That change, of course, was enacted seven months after your offense. You were sentenced on De cemb er 31, 20 01. The sentence date, however, is not controlling. The offense and enactmen t dates are. As such, your sentence and the award o f good time are controlle d by State v. Conner.4 1 11 Del.C. §1447A. 2 11 Del.C. §4381. 3 73 Del. Laws Ch. 107. 4 ID.Nos. 9902015257, 9908012187, 9909009903, Silverman, J. (March 23, (contin ued...) State v. James B. Argoe C.R.A.Nos. IN-01-07-0880 and 0882 ID No. 0106011226 Page Two The Department of Correction must award you good time. The prohibition on awarding it is inapplicable since that prohibition became effective after the date of your crime. That award must be calculated from December 5, 2001, the effective date of your incarceration (with the addition o f 14 days credit time). CONCLUSION Your motion to require the Department of Correction to award you good time for your sentence under 11 Del.C. §1447A is GRANTED. IT IS SO ORDERED. Sinc erely, JOH/bsb cc Gander Hill Records Department Prothonotary 4 2001). (...continued)
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
