Cannon v. DeLoy.
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IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR SUSSEX COUNTY FORREST L. CANNON, Petitioner, v. : C.A. No. S09M-10-010 THG : : MICHAEL DELOY, WARDEN (SCI) Respondent. : : ORDER 1) Petitioner Forrest L. Cannon ( petitioner ) filed a petition seeking a writ of mandamus, wherein he seeks an order instructing Sussex Correctional Institution to apply good time credits to a mandatory portion of his sentence entered in the case of State v. Cannon, Def. ID# 0710026944; 2) Petitioner was instructed to pay filing fees in this matter or submit a motion to proceed in forma pauperis by November 13, 2009; 3) Although petitioner filed the motion to proceed in forma pauperis on November 12, 2009, the motion did not come to the attention of the Court; 4) This Court entered an order dated December 4, 2009, dismissing the matter because it was unaware of the filing of the motion to proceed in forma pauperis; 5) Because petitioner filed the appropriate motion, the December 4, 2009, order is VACATED; 6) The Court now reviews the motion to proceed in forma pauperis and the petition seeking a writ of mandamus. 7) The motion to proceed in forma pauperis is GRANTED. 8) I turn to the petition seeking a writ of mandamus. Petitioner was sentenced, on Criminal Action No. S07-10-0837 (possession with intent to deliver cocaine), to a three year mandatory period of incarceration. This mandatory time was entered pursuant to 16 Del. C. ยง 1 4763. The mandatory period of incarceration commenced on February 11, 2008, and ends on February 10, 2011. Petitioner maintains he is entitled to an award of good time credits against this sentence. Petitioner s request has no legal support. Good time credits only may be applied to reduce the non-mandatory portions of a term of incarceration; they may not be applied against a mandatory sentence. Young v. State, 981 A.2d 1174, 2009 WL 3286026 (Del. Oct. 13, 2009). Thus, the petition seeking a writ of mandamus is DENIED. Dated: 12/30/09 /s/ T. Henley Graves JUDGE cc: Prothonotary s Office Forrest L. Cannon, SBI# 00213485 State v. Cannon, Def. ID# 0710026944 Ophelia Waters, DAG Aaron Goldstein, DAG 2
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