State v. Starks

Full title: STATE OF DELAWARE, v. NYIER STARKS, Defendant.

Court: SUPERIOR COURT OF THE STATE OF DELAWARE

Date published: Oct 11, 2017

ID No. 1011005945 (Del. Super. Ct. Oct. 11, 2017)

Opinion

ID No. 1011005945 ID No. 1205002051

10-11-2017

STATE OF DELAWARE, v. NYIER STARKS, Defendant.

Jan R. Jurden, President Judge

ORDER

Upon consideration of Defendant's Request for Reduction of Bail;¹ the State's response,² and the record in this case, IT APPEARS THAT:

1 Case No. 1011005945 D.I. 89 and Case No. 1205002051 D.I. 102.

2 Case No. 1011005945 D.I. 87 and Case No. 1205002051 D.I. 100.

1. On March 21, 2011, Defendant pled guilty to Conspiracy 2^nd Degree and Robbery 2^nd degree in ID# 1011005945. On June 6, 2012, Defendant pled guilty to Drug Dealing in ID# 1205005945. The Defendant has 11 failure to appear capiases and 38 total violations of probation. Defendant has prior felony arrests and convictions while on probation and has two pending felony drug cases which occurred while on probation and are the basis of the violations.

2. Pursuant to 11 Del. C. § 2107, the Court "shall require such bail as reasonably will assure the reappearance of the accused, compliance with the conditions set forth in the bond and the safety of the community."³ Defendant's criminal history, and history of violating his probation, the current bail amount is appropriate. No additional information has been provided to the Court that would warrant a reduction of bail.

3 See 11 Del. C. § 2105(b) ("In determining whether the accused is likely to appear as required and that there will be no substantial risk to the safety of the community the court shall, on the basis of available information, take into consideration the nature and circumstances of the crime charged, whether a firearm was used or possessed, the possibility of statutory mandatory imprisonment, whether the crime was committed against a victim with intent to hinder prosecution, the family ties of the accused, the accused's employment, financial resources, character and mental condition, the length of residence in the community, record of convictions, habitual offender eligibility, custody status at time of offense, history of amenability to lesser sanctions, history of breach of release, record of appearances at court proceedings or of flight to avoid prosecution or failure to appear at court proceedings."). --------

NOW THEREFORE, Defendant's Request for Reduction of Bail is DENIED.

IT IS SO ORDERED.

/s/_________

Jan R. Jurden, President Judge Original to Prothonotary: cc: Albert J. Roop, V, Esq.

Nyier Starks (SBI# 525863)