Toth v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE CHRISTOPHER M. TOTH, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 45, 2003 Court Below Superior Court of the State of Delaware, in and for Sussex County Cr.A. No. IS01-07-0420 Cr. ID 0107003212 Submitted: May 16, 2003 Decided: June 19, 2003 Before VEASEY, Chief Justice, HOLLAND, and STEELE Justices. ORDER This 19th day of June 2003, upon consideration of the parties briefs and the record below, the Court finds it manifest that this matter should be affirmed on the basis of the Superior Court s well-reasoned decision dated January 15, 2003. The record supports the Superior Court s finding that Toth was not entitled to 54 days credit on his assault sentence because Toth s incarceration for those 54 days was the result of other charges. The Court did not err in denying Toth s motion. NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED. BY THE COURT: /s/ E. Norman Veasey Chief Justice

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