JASON J. COLLINS, Defendant Below-Appellant,
STATE OF DELAWARE, Plaintiff Below-Appellee.
Submitted: February 27, 2019
Below-Superior Court of the State of Delaware Cr. ID Nos.
1708012957 (K) 1708015150
STRINE, Chief Justice; VAUGHN and SEITZ, Justices.
T. Vaughn, Jr. Justice.
consideration of the appellant's opening brief, the
State's motion to affirm, and the record below, it
appears to the Court that:
defendant-appellant, Jason Collins, filed this appeal from
the Superior Court's order denying his motion for review
of sentence. The State has moved to affirm the Superior
Court's judgment on the ground that it is manifest on the
face of Collins' opening brief that his appeal is without
merit. We agree and affirm.
record reflects that Collins pleaded guilty on July 25, 2018,
to one count of drug dealing and one count of issuing a bad
check in excess of $1, 500. On the drug dealing charge, the
Superior Court sentenced Collins to ten years of Level V
incarceration, suspended for twelve months of Level IV home
confinement, followed by one year on Level III probation. On
the bad check charge, the Superior Court sentenced him to two
years of Level V incarceration, suspended for one year on
Level III probation.
Collins later absconded from probation. An administrative
warrant was obtained and the Superior Court held a violation
of probation ("VOP") hearing on October 15, 2018.
The Superior Court found Collins violated his probation for
his drug dealing and bad check convictions.
Contemporaneously, the Superior Court also found Collins had
violated his probation for two earlier felony convictions: a
2009 conviction for second degree forgery and a 2014
conviction for identity theft. For his 2009 second degree
forgery conviction, Collins was serving a sentence of two
years of Level V incarceration, suspended for six months on
Level II probation, to be followed by one year on Level I
probation for restitution purposes only. Collins was also
serving a sentence of two years of Level V of incarceration,
suspended for six months on Level II probation, to be
followed by one year on Level I probation for restitution
purposes only for his 2014 identity theft conviction. At the
VOP hearing, the Superior Court resentenced Collins as
follows: (i) on the VOP for the drug dealing conviction, ten
years of Level V incarceration with credit for nine days
previously served, suspended after six months of Level V
incarceration, followed by six months of Level IV work
release, followed by one year on Level III probation; (ii) on
the VOP for the forgery conviction, one year of Level V
incarceration, suspended for one year on Level III probation;
(iii) on the VOP for the identity theft conviction, one year
and six months of Level V incarceration, suspended for one
year on Level III probation; and (iv) for the VOP on the bad
check conviction, two years of Level V incarceration,
suspended for one year on Level III probation.
Collins filed a motion for review of sentence with the
Superior Court on December 7, 2018, seeking six months of
Level V credit time and requesting that the Level IV work
release portion of his sentence be modified to Level III
probation. The Superior Court denied Collins' motion,
concluding that Level IV work release was an appropriate
placement for Collins in light of his criminal history.
Further, after reviewing a report prepared by the
Investigative Services Office, the Superior Court found
Collins had, in fact, received credit for the time he had
previously served at Level V. This appeal followed.
Court has reviewed the parties' contentions and the
record carefully. The Court finds no factual or legal basis
to Collins' contentions. Collins correctly asserts that
he is entitled to Level V credit for Level V time
served. However, Collins argues the Superior Court
improperly credited his Level V time to a "non Level V
sentence." This allegation is false. At the time of the
October 15, 2018 VOP hearing, Collins was serving a sentence
for two years of Level V incarceration, suspended for six
months on Level IV probation, to be followed by one year on
Level I probation for restitution purposes for his 2014
conviction for identity theft. In its VOP sentence, the
Superior Court deducted six months of Level V time from the
two years of backup time Collins faced on this conviction.
Collins continues to face a suspended Level V sentence for
one year and six months for his conviction of identity theft.
Stated differently, the six months of pretrial Level V time
Collins served prior to posting bond on his drug dealing
charge has been credited to the balance of Level V time
Collins faces. Accordingly, we find no error in the Superior
Court's denial of Collins' motion to review his
THEREFORE, IT IS ORDERED that the judgment of the Superior
Court is AFFIRMED.
 On March 8, 2019, Collins filed a
motion for expedited procedure under Supreme Court Rule
25(e). The issuance of this decision renders the ...