State v. Bradley

SUPERIOR COURT oFTHE STATE OF DEI_AWAR E RlCHARD R. COOCH NEW cAsTl_E couNTY couRTHousE REs/oENTJuDGE 500 NORTH KING STREET, SU|TE IO4OO W\LM|NGToN, DELAwARE 19801-3733 TE\_EPHoNE (302) 255-0664 Jarnes J. Kriner, Esquire Deputy Attorney General Departrnent of Justice North French Street Wilmington, Delaware 19801 Attorney for State of Delaware Lamare A. Bradley J ames T. Vaughn Correctional Center 1181 Paddock Road Smyrna, Delaware 19977 Defendant, pro se Re: State of Delaware v. Lamare Bradlev ID# 0712028521 Submitted: November 27, 2018 Decided: December 4, 2018 On Defendant’s Motion for Correction of Illegal Sentence. DENIED.

Dear Mr. Kriner and Mr. Bradley: I have received Defendant’s motion to for correction of illegal sentence, and the State’s response. Upon review of the contentions’ of the parties, the Court denies Defendant’s Motion.

Defendant pled guilty to inter alia Unlawful Sexual Contact First Degree, and Was sentenced on January 23, 2009. At the time of sentencing, ll Del. C.

§4121(e)(1) required that Defendant register as a Tier III sex offender in addition to any incarceration or probation. The Court, however, erroneously ordered Defendant to register as a Tier II sex offender. On June 24, 2011, the Court notified the parties of the error and proposed to correct the sentence to properly reflect the Tier III designation. Defense counsel did not object, and the sentence Was so corrected.

In his motion, Defendant contends it has only now come to his attention that his sentence was amended in 2011 to reflect the statutory mandate. lt appears to the Court however, that Defendant has repeatedly registered as a Tier III sex offender since his sentence was corrected in 2011. Defendant further alleges that his plea agreement included a provision that he would be required to register as a Tier II sex offender, not Tier III. At the time of the plea agreement, Defendant acknowledged that he had to register as a sex offender, and that Defendant discussed the requirements with his lawyer, as noted on the Truth-In-Sentencing Guilty Plea Form.l There is no indication that there was an agreed upon tier. At the time of sentencing, 11 Del. C. §4121(e)(1) required Defendant register as Tier III.

Accordingly, Defendant Motion for Correction of Illegal Sentence is DENIED.

IT IS SO ORDERED.

Very truly yours, MJJ\/bv~/L’r` RRC cc: Prothonotary Investigative Services

l Truth-In-Sentencing Guilty Plea Form, D.I. 26 (Nov. 12, 2008). Defendant and defense counsel signed the Truth-In-Sentencing form.