Kent v. State ( 2024 )

IN THE SUPREME COURT OF THE STATE OF DELAWARE
DAQUAN KENT, §
§
Defendant Below, § No. 203, 2024
Appellant, §
§ Court Below—Superior Court
v. § of the State of Delaware
§
STATE OF DELAWARE, § Cr. ID No. 2207007094 (N)
§
Appellee. §
Submitted: October 22, 2024
Decided: October 25, 2024
Before TRAYNOR, LEGROW, and GRIFFITHS, Justices.
ORDER
After consideration of the appellant’s opening brief and the appellee’s motion
to remand, it appears to the Court that:
(1) A Superior Court jury found the appellant, Daquan Kent, guilty of drug
dealing (cocaine), drug dealing (heroin), and aggravated possession of cocaine. The
Superior Court sentenced Kent as follows: for drug dealing (heroin), five years of
imprisonment, suspended after nine months for eighteen months of probation; for
drug dealing (cocaine), five years of imprisonment, suspended for eighteen months
of probation; and for aggravated possession (cocaine), two years of imprisonment,
suspended for one year of probation.
(2) Kent’s sole argument in this direct appeal is that the aggravated
possession offense and the drug dealing (cocaine) offense should have merged for
sentencing. The State concedes that the offenses should have merged and requests
that the case be remanded for resentencing. Kent’s counsel has indicated that he
does not oppose the State’s request. We conclude that the appropriate course of
action is to remand this matter to the Superior Court so that Kent may be resentenced.
NOW, THEREFORE, IT IS ORDERED that the matter is REMANDED to
the Superior Court for further action in accordance with this order. Jurisdiction is
not retained.
BY THE COURT:
/s/ Abigail M. LeGrow
Justice
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