Summary
dismissing appeal as moot where the defendant challenged the portion of his sentence reflecting that he was to be held an Level V until space was available at Level IV and the record reflected that the defendant had completed the Level V and Level IV portions of his sentence
Summary of this case from Lewis v. StateOpinion
No. 31, 1999.
May 24, 1999.
Appeal from the Superior Court, CrA IN96110518.
APPEAL DISMISSED.
Unpublished Opinion is below.
BERDINE A. LEE, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. No. 31, 1999. Supreme Court of Delaware. Submitted: May 11, 1999. Decided: May 24, 1999.
Court Below: Superior Court of the State of Delaware, in and for New Castle County Cr.A. No. IN96110518.
Before VEASEY, Chief Justice, WALSH and HOLLAND, Justices
ORDER
This 24th day of May 1999, it appears to the Court that:
(1) On January 22, 1997, the defendant-appellant, Berdine A. Lee ("Lee"), pled guilty in Superior Court to one charge of Unlawful Sexual Intercourse in the Third Degree. 11 Del. C. § 773. Lee was sentenced on March 21, 1997, to six years at Level V incarceration, suspended after two years for decreasing levels of probation. In addition, the Superior Court sentencing order specifically stated that the "defendant is to be held at supervision Level V until space is available at supervision Level IV."
(2) In December 1998, Lee filed a pro se petition for correction of sentence pursuant to Superior Court Criminal Rule 35(a) and/or a writ of habeas corpus pursuant to 10 Del. C. § 6901. The Superior Court denied Lee's petition and this appeal followed.
(3) In this pending appeal, Lee only challenges the provision of his March 21, 1997 sentence which provides that Lee be held at Level V incarceration until space is available at Level IV. The record reflects that Lee has now completed both the Level V and Level IV (Halfway House) portions of his 1997 sentence. Thus, Lee's prayer for release pursuant to a petition for reduction of sentence and/or writ of habeas corpus is rendered moot. O'Mays v. State, Del. Supr., No. 102, 1998, 1998 WL 465134, Walsh, J. (June 25, 1998) (ORDER). See also Gural v. State, Del. Supr., 251 A.2d 344, 345 (1969).
NOW, THEREFORE, IT IS ORDERED that the appeal is DISMISSED AS MOOT.
BY THE COURT:
/s/ Randy J. Holland, Justice