Opinion
C.A. No. 02M-02-002
Date Submitted: February 27, 2002
March 6, 2002
Wayne A. Jones, Sussex Correctional Institution, P.O. Box 500, Georgetown, DE 19947.
Dear Mr. Jones:
You have filed a petition seeking a writ of mandamus. Even though you have not filed the required inmate account statement, I am addressing the petition itself for the sake of judicial economy.
You were sentenced in the case of State v. Jones, Def. ID# 9909001091 to two years at Level 5 and upon successful completion of the Key Program, the balance of Level 5 is suspended for one year Level 4 Crest Work Release. You did not enter the Key Program at or near the time you were sentenced due to open charges. You maintain that the delay in entering Key will delay the time before you enter the Crest Program, and that delay will defeat the Court's "intent" that you serve one year at Level 4. You seek a writ of mandamus instructing the Court to order that the prison place you at Level 4 so you can serve a whole year at Level 4.
Your petition seeking a writ of mandamus actually seeks a modification of your sentence in your criminal case. This is not an appropriate matter for a writ of mandamus because there is no clear or legal duty on respondents' part to place you at Level 4 and there is another remedy available to you, e.g., to file an appropriate motion in your criminal case. Paczkowski v. Haller, Del. Supr., No. 154, 2000, Veasey, C.J. (July 14, 2000); Guy v. Greenhouse, Del. Supr., No. 285, 1993, Walsh, J. (December 30, 1993). Consequently, the petition is dismissed with prejudice.
IT IS SO ORDERED.
Very truly yours,
Richard F. Stokes