MACK v. STATE, 9 A.3d 476 (Del. 2010)

No. 523, 2010.Supreme Court of Delaware.Submitted: November 30, 2010.
Decided: December 7, 2010.

Court Below — Superior Court of the State of Delaware, in and for Kent County, Cr. ID 0910010048.

ORDER
RANDY J. HOLLAND, Justice.

This 7th day of December 2010, it appears to the Court that the State has filed a motion to remand this case to the Superior Court for correction of the appellant’s criminal sentence to remove the provision that the first two years of appellant’s sentence are mandatory. The appellant has not filed any response to the State’s motion. Therefore, the motion is deemed to be unopposed.

NOW, THEREFORE, IT IS HEREBY ORDERED that the within appeal is REMANDED to the Superior Court for correction of appellant’s sentence. Jurisdiction is not retained.