STATE OF DELAWARE
RICHARD F. STOKES
P.O. BOX 746
GEORGETO WN, DE 19947
James E. Liguori, Esq.
Liguori, Morris & Redding
46 The Green
Dover DE 19901
Adam D. Gelof, Esq.
Department of Justice
114 East Market Street
Georgetown DE 19947
May 12, 2003
May 27, 2003
State of Delaware v. Ronald C. White
Cr. A. No. IS02-12-0184W
This is my decision on defendant’s Motion for Sentence Modification. The motion is
denied for the reasons set forth herein.
On May 7, 2003, defendant was sentenced after pleading guilty to attempted possession
of marijuana with intent to deliver. The sentencing order imposed a statutory loss of driving
license privileges pursuant to 21 Del. C. § 4177K (a). Defendant’s signed plea agreement and
truth-in-sentencing guilty plea forms indicate a loss of license. Defendant also signed a
revocation of privilege to drive form reflecting a two year loss of license pursuant to 16 Del. C. §
Should the court grant defendant’s motion for sentence modification on the grounds that
the offense of attempted possession with intent to deliver marijuana does not carry a statutory
loss of license?
Defendant seeks to have his sentence modified to restore driving license privileges.
Defendant argues that there is no statutory loss of license for attempted possession of marijuana
with intent to deliver. This Court may correct a sentence pursuant to Superior Court Criminal
Rule 35. Super. Ct. Crim. R. 35. Defendant was charged with violating Section 4752 of Title 16
of the Delaware Code, possession of marijuana with intent to deliver. 16 Del. C. § 4752.
Persons violating Section 4752 are guilty of a class E felony. 16 Del. C. § 4752 (a). Persons
pleading guilty to Section 4752 shall have their driver’s license revoked for a period of two years
from the date of sentencing. 21 Del. C. § 4177K (a).
Here, defendant pled guilty to attempted possession of marijuana with intent to deliver.
An “[a]ttempt to commit a crime is an offense of the same grade and degree as the most serious
offense which the accused is found guilty of attempting.” 11 Del. C. § 531. Since defendant
pled guilty to attempted possession of marijuana with intent to deliver, defendant is guilty of
violating Section 4752 and should be sentenced accordingly. 11 Del. C. § 531; 16 Del. C. §
4752. Persons found guilty of violating Section 4752 are subject to a two-year driver’s license
revocation. 21 Del. C. § 4177K (a). Therefore, defendant’s license was properly revoked
pursuant to statute. Moreover, defendant’s signed plea agreement form, truth-in-sentencing form
and revocation of privilege to drive form represent that defendant understood that pleading guilty
to this offense would result in a loss of license for two years. Accordingly, defendant is not
entitled to have his driving license privileges restored.
Defendant’s motion for modification of his sentence is denied since the offense of
attempted possession of marijuana with intent to deliver includes a statutory loss of license. In
addition, and independently of this point, this risk was known to defendant, and the Court
imposed it as part of the sentencing plan. The Court has the authority to do so.
IT IS SO ORDERED.
Very truly yours,
Richard F. Stokes