Melvin E. Pusey v. State of Delaware
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IN THE SUPREME COURT OF THE STATE OF DELAWARE MELVIN E. PUSEY, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. § § § § § § § § § § § No. 76, 2015 Court Below—Superior Court of the State of Delaware, in and for Sussex County Cr. ID No. 9705016696 Submitted: July 20, 2015 Decided: September 10, 2015 Before STRINE, Chief Justice; VAUGHN, and SEITZ, Justices. ORDER This 10th day of September 2015, it appears to the Court that the State has filed a motion to remand this case to the Superior Court. The State asserts that the case should be remanded so the Superior Court can correct the violation of probation (“VOP”) sentencing order to reduce the amount of Level V time imposed by the amount of time the appellant spent at the VOP Center and to change the effective date of the VOP sentence. The appellant has not filed any response to the State’s motion. NOW, THEREFORE, IT IS ORDERED that the State’s motion to remand is GRANTED and this matter is REMANDED to the Superior Court for correction of the January 22, 2015 VOP sentence. Jurisdiction is not retained. BY THE COURT: /s/ Collins J. Seitz, Jr. Justice 2
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