State of Delaware v. Dickerson.

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SUPERIOR COURT OF THE STATE OF DELAW ARE E. SCOTT BRADLEY SUSSEX CO UNT Y COU RTHO USE JUDGE 1 The Circle, Suite 2 GEORGETOWN, DE 19947 April 27, 2012 David H. Dickerson Sussex Correctional Institution P.O. Box 500 Georgetown, DE 19947 Re: Def. ID# 0811010588 Dear Mr. Dickerson: You were found in violation of probation and resentenced on December 10, 2010 as follows: Criminal action number 09-01-1095 - 2 years at level V. The level V time took into consideration all time previously served. Criminal action number 08-11-0531 - 3 years at level V. Criminal action number 08-11-0532 - 3 years at level V. Criminal action number 08-11-0534 - 1 year at level V. Criminal action number 09-01-1098 - 1 year at level V. Thus, you were sentenced to a total of 10 years at level V with no probation to follow. A Motion to Correct an Illegal Sentence and/or Reduction of Sentence was filed by Jennifer-Kate Aaronson, Esquire on your behalf. The motion stated: Defendant files this motion pursuant to Rule 35 as a placeholder until resolution in the Delaware Supreme Court and requests that this Court take no action regarding this motion during the pendency of the appeal. Further, Defendant seeks leave to supplement this motion prior to consideration by the Court. WHEREFORE, based on the foregoing, Defendant respectfully requests relief pursuant to Superior Court Criminal Rule 35 with leave to supplement this motion prior to the Court s consideration. State v. David H. Dickerson Def. ID# 0811010588 Page 2 On March 14, 2011, this Court granted the request as follows: I will, at your request, not issue a decision on your Motion to Correct an Illegal Sentence and/or Reduction of Sentence until you request in writing for me to do so. The Court has received no supplement or request from Ms. Aaronson to seek consideration of the motion. Your letter filed March 14, 2012, requests this Court to adjudicate the Motion to Correct An Illegal Sentence and/or Reduction of Sentence, and states that Ms. Aaronson s services have been terminated. Additionally, this Court has reviewed your letter filed March 26, 2012. The Motion to Correct an Illegal Sentence and/or Reduction of Sentence fails to set forth an argument or allegation upon which relief may be sought. The motion was simply a placeholder during the pendency of the appeal. The Supreme Court dismissed the appeal on March 11, 2011. Therefore, your Motion to Correct an Illegal Sentence and/or Reduction of Sentence is denied. IT IS SO ORDERED. Very truly yours, /s/ E. Scott Bradley ESB:tll cc: Prothonotary s Office Department of Justice

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