Smith, 0808030420

Full title: Charles R. Smith, Defendant

Court: Superior Court of Delaware, Sussex County

Date published: Jun 4, 2010

ID Nos. 0808030420 and 0705002316 (Del. Super. Ct. Jun. 4, 2010)

Opinion

ID Nos. 0808030420 and 0705002316.

June 4, 2010.

William M. Chasanov, Esquire, Chasanov Schaeffer, Georgetown, DE.

T. HENLEY GRAVES, Resident Judge

Dear Mr. Chasanov:

The delay in responding to your Motion to Modify the Sentence filed on April 17, 2010 is due to my inquiry as to why the Department of Correction prematurely placed Mr. Smith in the Key Program. I still do not have an answer but I shall not modify the Order.

He was to do a straight twenty-one (21) months (with credit for 60 days) pursuant to 11 Del. C. § 4204(k) on Criminal Action No. 07-05-0300, a violation of probation on a DUI 4^th.

Then he was to do six (6) months and Key on the new DUI 4^th or greater followed by Crest. This was Criminal Action No. 08-01-0599.

The Department of Correction procedures cannot wag the dog. The Court structured the sentence as both punishment and rehabilitation. By putting Mr. Smith into Key prematurely, the possible consequences are as follows:

(1) I could modify the sentence.

(2) I do not modify and there will be a long gap between Key and Crest which would break the continuum.

(3) I do not modify and require that Mr. Smith repeat Key and then do Crest on Criminal Action No. 08-09-0599, which is the clear intent of the Order.

I chose the third option as it was appropriate.

The Motion to Modify Sentence is denied.

IT IS SO ORDERED.