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Taylor v. States

Supreme Court of Delaware

November 12, 2014

JOSEPH E. TAYLOR, Defendant Below, Appellant,
v.
STATES OF DELAWARE, Plaintiff Below, Appellee

Submitted August 22, 2014

Case Closed December 2, 2014.

Editorial Note:

This decision has been designated as "Table of Decisions Without Published Opinions." in the Atlantic Reporter.

Court Below--Superior Court of the State of Delaware in and for New Castle County. Cr. ID Nos. 1303012813, 1310008424.

Before HOLLAND, RIDGELY and VALIHURA, Justices.

ORDER

Randy J. Holland, Justice

This 12th day of November 2014, upon consideration of the appellant's opening brief and the motion to affirm filed by the appellee, it appears to the Court that:

(1) After his arrest in March 2013 on several drug charges, the appellant, Joseph E. Taylor, was indicted in Cr. ID No. 1303012813 with four offenses: Aggravated Drug Dealing, Aggravated Possession of Marijuana, and two counts of Possession of Drug Paraphernalia. The appellee, State of Delaware, moved to declare Taylor a habitual offender in that case.

(2) In October 2013, Taylor was arrested on new drug charges. In the information that followed in Cr. ID No. 1310008424, Taylor was charged with three offenses: Aggravated Drug Dealing, Aggravated Possession of Marijuana, and Possession of Drug Paraphernalia.

(3) On November 6, 2013, under a consolidated plea agreement, Taylor pled guilty to two counts of Aggravated Drug Dealing, one count from Cr. ID No. 1303012813 and the other count from Cr. ID No. 1310008424. Also, in Cr. ID No. 1303012813, Taylor agreed to be sentenced as a habitual offender under title 11, section 4214(a) of the Delaware Code (hereinafter " section 4214(a)" ).[1]

(4) Taylor was immediately sentenced, on November 6, 2013, in accordance with the plea agreement. For Aggravated Drug Dealing in Cr. ID No. 1303012813, Taylor was sentenced, under section 4214(a), to five years at Level V and to complete the Key or long term Greentree program. For Aggravated Drug Dealing in Cr. ID No. 1310008424, he was sentenced to fifteen years at Level V suspended after completion of the aforementioned Key/Greentree program(s), followed by decreasing levels of supervision. Also, the sentence included a provision that allowed Taylor to report to the Sussex Correctional Institution six days later, on November 12, 2013, to begin serving the sentence.

(5) On November 26, 2013, the Superior Court issued a capias after Taylor failed to report to the Sussex Correctional Institution on November 12, 2013 to begin serving the sentence. The capias was returned on June 6, 2014, and a violation of probation (VOP) hearing was scheduled.

(6) At the VOP hearing on June 18, 2014, the Superior Court adjudged Taylor guilty of VOP and sentenced him as follows. For Aggravated Drug Dealing in Cr. ID No. 1303012813, Taylor was sentenced to five years at Level V under section 4214(a), and for Aggravated Drug Dealing in Cr. ID No. 1310008424, he was sentenced to fifteen years at Level V suspended after five years and successful completion of the Key program for one year at Level ...


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