Mack v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE MARQUIS MACK, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. § § § § § § § § § § § No. 523, 2010 Court Below Superior Court of the State of Delaware, in and for Kent County Cr. ID 0910010048 Submitted: November 30, 2010 Decided: December 7, 2010 ORDER This 7th day of December 2010, it appears to the Court that the State has filed a motion to remand this case to the Superior Court for correction of the appellant s criminal sentence to remove the provision that the first two years of appellant s sentence are mandatory. The appellant has not filed any response to the State s motion. Therefore, the motion is deemed to be unopposed. NOW, THEREFORE, IT IS HEREBY ORDERED that the within appeal is REMANDED to the Superior Court for correction of appellant s sentence. Jurisdiction is not retained. BY THE COURT: /s/ Randy J. Holland Justice

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