Stafford v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE BYRON STAFFORD, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 429, 2010 Court Below Superior Court of the State of Delaware, in and for New Castle County Cr. ID 0711010737 Submitted: August 9, 2010 Decided: August 13, 2010 ORDER This 13th day of August 2010, the Court has considered the appellant s response to the rule to show cause and the State s reply thereto. The State has requested and the Court concurs that, given the unique circumstances in this case, this matter be remanded to the Superior Court to vacate its VOP sentencing order, entered on June 6, 2010, and to resentence the defendant to permit him the opportunity to file a timely appeal. NOW, THEREFORE, IT IS ORDERED that this matter is REMANDED for resentencing. Jurisdiction is not retained. BY THE COURT: /s/ Jack B. Jacobs Justice

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