IN RE STEELMAN, 737 A.2d 531 (Del. 1999)

No. 265, 1999.Supreme Court of Delaware.
August 3, 1999.

PETITION DISMISSED

Unpublished Opinion is below.

IN THE MATTER OF THE PETITION OF DAVID STEELMAN FOR AN EXTRAORDINARY WRIT OF MANDAMUS. No. 265, 1999. Supreme Court of Delaware. Submitted: July 12, 1999. Decided: August 3, 1999.

Before WALSH, HARTNETT, and BERGER, Justices.

ORDER
This 3rd day of August 1999, it appears to the Court that:

(1) The petitioner, David Steelman, seeks to invoke this Court’s original jurisdiction to issue an extraordinary writ of mandamus, pursuant to Del. C.onst. art. IV, § 11(6), to compel the Superior Court to correct his sentence to reflect a credit of 284 days for time served. The State of Delaware, as the real party in interest, has filed an answer and motion to dismiss Steelman’s petition.[1] We find that Steelman’s petition manifestly fails to invoke the original jurisdiction of this Court. Accordingly, the petition must be dismissed.

(2) Steelman was arrested in 1997 on charges that included attempted theft, forgery, and criminal impersonation. Steelman was released on bail but failed to show up for his case review in December 1997. A capias warrant issued, and Steelman ultimately was returned to Delaware in 1999. He pled guilty on April 29, 1999 pursuant to Superior Court Criminal 11(e)(1)(C) to charges of criminal impersonation, attempted theft by false pretenses, and second degree forgery. The Superior Court sentenced him immediately to a total period of five years at Level V incarceration to be suspended after one year at Level V for three years at Level II probation. The Superior Court’s sentence reflected that Steelman “shall receive credit for time previously served on this charge.”

(3) Steelman did not appeal his sentence. Instead, Steelman filed a motion for reduction of sentence on May 27, 1999, which remains pending before the Superior Court. The record also reflects that after Steelman filed his petition for a writ of mandamus with this Court, he also filed a motion for correction of sentence with the Superior Court. His motion for correction of sentence also remains pending before the Superior Court.

(4) In his petition for an extraordinary writ of mandamus, Steelman requests that this Court order the Superior Court to amend its sentencing order to reflect that Steelman should be credited with 284 days previously served on these charges. Steelman contends that he served time in jail on these charges as a fugitive in other jurisdictions while awaiting extradition back to Delaware.

(5) A writ of mandamus is an extraordinary remedy issued by this Court to compel a lower court to perform a duty. As a condition precedent to the issuance of the writ, Steelman must demonstrate: that he has a clear right to the performance of the duty; that no other adequate remedy is available; and that the trial court has arbitrarily failed or refused to perform its duty.[2]

(6) To the extent that Steelman requests this Court to compel the correction of his sentence, his petition fails to invoke the original jurisdiction of this Court. Steelman has not established a clear legal right to the relief he seeks. Moreover, in light of Steelman’s pending petition in the Superior Court, he has not established that he has no other adequate legal remedy.[3] Consequently, a writ of mandamus is inappropriate under the circumstances. (7) To the extent that Steelman requests this Court to direct the Superior Court to act on his petition pending before that court, Steelman’s petition also fails to invoke the original jurisdiction of this Court. Mandamus will not issue to dictate the control of a lower court’s docket except upon a clear showing of an arbitrary refusal to act.[4] The passage of only a few weeks since the filing of the Steelman’s motion does not indicate an arbitrary refusal to act.

NOW, THEREFORE, IT IS ORDERED that the State’s motion to dismiss is GRANTED. Steelman’s petition for an extraordinary writ is DISMISSED.

BY THE COURT:

s/ Maurice A. Hartnett, III

_________________________________ Justice