State of Delaware v. Clemons.
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SUPERIOR COURT OF THE STA TE OF DELAWA RE T. Henl ey Graves Resident Judge SUSSEX COUNTY COURTHOUSE THE CIRCLE P.O. BOX 746 GEORGETOWN, DE 1 9947 (302) 856-5257 May 17, 2004 C600 Dwight F. Holden, Chairperson Board of Parole Carvel Stat e Office B uilding, 5 th Floor 820 North French Street Wilmington, DE 19801 RE: Sentence Modification Application - Stephen A. Clemons Defendant ID No. 0104007691 Dear Mr. Holden: The 11 Del. C. §4217 applic ation on beh alf of Mr. C lemons w as received o n April 13, 2 004. I apologize for the delay in getting back to you; but he had also co rresponded w ith the Court, and his file had been pulled to ad dress his cor responde nce. The recommendation from the Board is that his sentence should be modified to suspend the balance of his Level 5 incarceration and permit the defendant to go to Level 4 CREST. I am somewhat puzzled by this application and am sure the defendant would oppose it as it makes his current sentence more onerous. Effective September 24, 2001, the defendant received a six year period of incarceration, suspended after three years for Level 3 probation. He reports he will max out the three years on May 29, 2004. I am not inclined to take a few weeks off his Level 5 portion of the sentence and then impose six months of CR EST, when that was not included in the original Order. The petition pursuant to 11 Del. C. §4217 is denied. IT IS SO ORDERED. Yours very truly, T. Henley Graves THG:baj cc: The Hono rable William C. C arpenter, Jr. Adam D . Gelof, Esquire Stephen A. Clemons Prothonotary
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