State v. Kilson

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

STATE OF DELAWARE ) ) ) v. ) I.D. NO.: 1909006600 ) ) CARLTON KILSON ) ) Defendant. ) )

Submitted: August 6, 2024 Decided: October 21, 2024 ORDER On this 21st day of October, 2024, upon consideration of Defendant Carlton Kilson’s (“Defendant”) pro se Motion for Correction of Illegal Sentence (the “Motion”),1 the sentence imposed upon Defendant, and the record in this case, it appears to the Court that: 1. On June 27, 2024, Defendant was sentenced to 90 days at Level V, no probation to follow, for violating the terms of his probation.2 Subsumed in that On July 31, Defendant sent a letter to the Court, seeking a correction of his sentence. See D.I.

43. Subsequently, on August 6, 2024, Defendant filed a motion for correction of illegal sentence on the same basis. See D.I. 44 (the Motion). This Order shall resolve the matters set forth in both submissions.

D.I. 41 (Sentence Order). Defendant was found in violation of his probation through his commission of home improvement fraud. See id. The 90-day sentence had an effective date of June 12, 2024, with credit for 18 days previously served. See id. sentence was a violation of probation originating from the Court of Common Pleas, which the Court consolidated under SB 50.3 Subsequently, notwithstanding the consolidation, Defendant was found guilty and sentenced to days at Level 5 for violating the terms of his probation in the Court of Common Pleas.

2. On August 6, 2024, Defendant filed this Motion pursuant to Superior Court Criminal Rule 35(a). 4 In the Motion, Defendant asks the Court to vacate his 60-day Level V sentence imposed by the Court of Common Pleas. 5 3. Department of Correction’s records indicate that Defendant’s sentence was corrected and that he was released from custody on August 16, 2024.

4. Accordingly, Defendant’s Motion is DENIED as MOOT.

IT IS SO ORDERED.

Sheldon K. Rennie, Judge

Original to Prothonotary cc: Carlton Kilson (SBI# 00313300)

Id. The Sentencing Worksheet indicates in the box titled “SB 50” that the case numbered “CCP- VN1910379101” has been consolidated. See id. D.I. 44.

Id.