Opinion
ID No. 0105002628.
March 26, 2007.
Andre M. Beauregard, Esquire, Brady, Richardson, Beauregard Chasanov, Rehoboth Beach, DE.
Dear Mr. Beauregard:
When I reviewed your recent motion, I was confused because you argue the Defendant should not be doing any level 5jail time. I reviewed the file and requested a transcript of the plea on September 7, 2001.
At that time, while represented by Mr. Gill, the Defendant resolved some very serious offenses. He actually pled to trafficking, and was sentenced to the mandatory three years. To avoid the 5 years mandatory as to the possession with the intent to deliver offense, he and the State negotiated the Boot Camp.
The transcript with Judge Stokes clearly sets forth the sentence the Defendant faced should he be violated and discharged from the Boot Camp Diversion Program. He faced a mandatory 5 years, up to 10 years, and up to a $50,000 fine. The Defendant and his attorney reported they understood the potential sentence that could result if, as Judge Stokes put it, "he slips up" and violates the program.
When he was found in violation on November 8, 2006, he was sentenced to 8 years, suspended after serving the 5 years mandatory. This sentence was within that mentioned above, and, therefore, it is legal and the 5 years was required by law.
Your motion is therefore denied.
IT IS SO ORDERED.