Johnson v. State

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THE SUPREME COURT OF THE STATE OF DELAWARE DAMMEYIN A. JOHNSON, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 50, 2008 Court Below Superior Court of the State of Delaware, in and for New Castle County Cr. ID No. 9709009665 Submitted: May 23, 2008 Decided: August 28, 2008 Before STEELE, Chief Justice, HOLLAND and RIDGELY, Justices. ORDER This 28th day of August 2008, after careful consideration of the parties briefs, we find that the judgment below should be affirmed on the basis of the Superior Court s well-reasoned decision dated January 10, 2008. The Superior Court did not err in holding that appellant was not entitled to credit toward his sentence on sexual assault charges for the time he served on an unrelated drug trafficking charge.1 NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED. BY THE COURT: /s/ Randy J. Holland Justice 1 See In re Toth, 2003 WL 733551 (Mar. 4, 2003).

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