Opinion
1109011777
10-11-2022
State v. Anthony Gordon,
Date Submitted: September 8, 2022
Jan R. Jurden President Judge
Dear Mr. Gordon:
The Court is in receipt of your "Motion for Rule 35(A) Illegal Sentence" ("Motion") filed September 8, 2022. You argue that the indictment "did not contain sufficient facts to differentiate each count," making Count II and Count IV "cumulative sentences." You state that the alleged insufficiency violates the Double Jeopardy Clause.
D.I. 154. This is Defendant's fourth Rule 35(a) motion. See D.I. 127; D.I. 138; D.I. 144.
D.I. 154.
Id.
The Double Jeopardy Clause protects against multiple punishments for the same offense, but it does not apply here because you were convicted of three separate offenses. The underlying specifics of each offense were discussed at trial.The jury was instructed on three separate counts: Counts I and II, each a separate count of Rape Second Degree, and Count IV, Rape Fourth Degree. The jury found you guilty on all three counts. Each of your sentences corresponds to a distinct count: for Count I, Rape Second Degree, 10 years of imprisonment; for Count II, Rape Second Degree, 10 years of imprisonment; and for Count IV, Rape Fourth Degree, 15 years of imprisonment suspended after 1 year for decreasing levels of supervision. Because your convictions reflect three separate offenses, this is not an instance of multiple punishments for a singular offense.
See Seward v. State, 723 A.2d 365, 375 (Del. 1999).
D.I. 33.
D.I. 52 at 27:19-30:10, 30:11-34:6, 34:7-37:15, 44:5-47:5, 47:6-49:1, and 49:2-51:14.
D.I. 53 at 80-84.
D.I. 33.
The first ten years of this sentence are a mandatory term of incarceration pursuant to 11 Del. C. § 772(a)(1). Defendant was given 193 days of credit for the time he had already served. See D.I. 43.
The first ten years of this sentence are a mandatory term of incarceration pursuant to 11 Del. C. § 772(a)(1).
D.I. 43.
While your fourth 35(a) motion alleges your indictment was insufficient, the Court has explained numerous times the indictment complied with Rule 7(c). Your sentence is legal and your argument is without merit.
D.I. 128; D.I. 145; D.I. 148.
For the reasons stated, your Motion is DENIED.