State v. Johnson

Full title: STATE OF DELAWARE v. RICHARD A. JOHNSON, Defendant.

Court: SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY

Date published: Apr 20, 2015

ID: 1105024247 (Del. Super. Ct. Apr. 20, 2015)

Opinion

ID: 1105024247

04-20-2015

STATE OF DELAWARE v. RICHARD A. JOHNSON, Defendant.

oc: Prothonotary (Criminal) pc: Periann Doko, Deputy Attorney General Richard Johnson, Defendant

Fred S. Silverman Judge

ORDER

Upon Defendant's Motion to Receive Credit for Time Previously Served - DENIED.

1. Defendant wants credit for time served in Delaware from March 28, 2013 until July 2, 2013, 94 days.

2. Defendant is not entitled to credit for that time because although he was in a Delaware prison, he was there by his request under the Interstate Agreement on Detainers. Accordingly, the 94 days Defendant spent resolving his Delaware case was credited to the Pennsylvania sentence he was serving. Delaware does not give concurrent credit for time at Level 5. The Attorney General's April 10, 2015 response opposing Defendant's motion is correct.

3. Pennsylvania should have credited the 94 days toward its sentence. And, accordingly, Defendant is not entitled to Delaware credit.

For the foregoing reasons, Defendant's February 12, 2015, Motion to Receive Credit for Time Previously Served is DENIED.

IT IS SO ORDERED. Date: April 20, 2015

/s/ Fred S. Silverman

Judge
oc: Prothonotary (Criminal)
pc: Periann Doko, Deputy Attorney General

Richard Johnson, Defendant