Opinion
No. 305, 2001
Decided: January 28, 2002
Court Below-Superior Court of the State of Delaware, in and for New Castle County Cr.A. No. IN99-05-0921
AFFIRMED.
Unpublished Opinion is below.
RASHAN FULLER, Defendant Below-Appellant, v. STATE OF DELAWARE, Plaintiff Below-Appellee. No. 305, 2001 Supreme Court of the State of Delaware. Decided: January 28, 2002
Court Below-Superior Court of the State of Delaware, in and for New Castle County Cr.A. No. IN99-05-0921
Before VEASEY, Chief Justice, WALSH, and HOLLAND, Justices.
E. Norman Veasey, Chief Justice:
ORDER
This 28th day of January 2002, upon consideration of the Superior Court's Report Upon Remand, the amended sentencing order, and the parties' respective responses thereto, it appears to the Court that:
(1) The defendant-appellant, Rashan Fuller, filed this direct appeal from a three-year mandatory minimum prison term imposed by the Superior Court for trafficking. Although convicted in 1999, Fuller's sentencing had been deferred pursuant to 11 Del. C. § 6705 and 6712, and Fuller was diverted to the first offender's boot camp program, consisting of at least six months at a boot camp facility followed by two and a half years of probation supervision. Fuller completed boot camp but subsequently violated the terms of his probation by committing new criminal charges. Fuller's violation of probation resulted in the imposition of the sentence from which this appeal was taken.
(2) Fuller's counsel on appeal filed a brief and a motion to withdraw pursuant to Supreme Court Rule 26(c). Fuller raised additional points for the Court's consideration. The State responded to the position of Fuller's counsel and the points raised by Fuller. After considering the parties' submissions and the record below, we rejected Fuller's contention that he was entitled to credit for time served at boot camp. However, we remanded the matter to the Superior Court to consider Fuller's contention that he was entitled to credit for time he served at Level V before he entered boot camp.
Fuller v. State, No. 305, 2001, Veasey, C.J. (Dec. 7, 2001).
Id.
(3) On remand, the Superior Court determined that Fuller indeed was entitled to credit for 214 days he spent in prison awaiting trial on the trafficking offense prior to being placed in boot camp. The Superior Court therefore issued an amended sentencing order, dated December 10, 2001, which credited Fuller with all time to which he is entitled. The parties have filed responses to the Superior Court's amended sentencing order, and no objections have been raised.
(4) We find it manifest that the Superior Court's amended sentencing order should be affirmed on the basis of the reasons set forth in the Superior Court's Report Upon Remand.
NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED. The motion to withdraw is moot.