Supreme Court of Delaware, 2020

Kelley v. State

Kelley v. State
Supreme Court of Delaware · Decided November 4, 2020 · Vaughn, J.

Kelley v. State

Opinion

IN THE SUPREME COURT OF THE STATE OF DELAWARE IVORIE E. KELLEY, § § Defendant Below, § No. 263, 2020 Appellant, § § Court Below—Superior Court v. § of the State of Delaware § STATE OF DELAWARE, § Cr. ID No. 1705016229 (N) § Plaintiff Below, § Appellee. § Submitted: October 8, 2020 Decided: November 4, 2020 Before VALIHURA, VAUGHN, and TRAYNOR, Justices.

ORDER After careful consideration of the appellant’s opening brief, the State’s motion to affirm, and the record on appeal, we conclude that the judgment below should be affirmed on the basis of the Superior Court’s order, dated July 30, 2020, denying the appellant’s motion for correction of sentence. The appellant’s 2013 conviction for drug dealing under 16 Del. C. § 4753(2) is not subject to mandatory expungement under the provisions of 11 Del. C. § 4373 or 16 Del. C. § 4764(j).

NOW, THEREFORE, IT IS ORDERED that the motion to affirm is GRANTED and the judgment of the Superior Court is AFFIRMED.

BY THE COURT:

/s/ James T. Vaughn, Jr. Justice

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