State v. Holiday ( 2024 )

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
STATE OF DELAWARE
VS. ID# 1911015042/2008011758
EMMANUEL HOLIDAY
Ne Nee ee ee ee ee”
Submitted: August 27, 2024
Decided: October 4, 2024
ORDER
AND NOW, TO WIT, this 4th day of October, 2024, the Court
having considered the Motion for Credit Time Previously Served, the record
in the case and the Delaware Supreme Court Order in Holiday v. State,’ it
appears to the Court that:
l. Holliday, following his convictions for and violations of his
sentences for Assault Second Degree, Robbery Second Degree, Conspiracy
Second Degree and Carrying a Concealed Deadly Weapon, has filed
multiple motions for sentence modifications in this Court.
' Holiday v. State, No. 113, 2024 ORDER, Jul. 26, 2024, Griffiths, J. As the
Supreme Court did, the Court will refer to Mr. Holliday with the spelling he
provides in his filings in the text of this Order, which differs from the
Superior Court docket information and case caption.
? State v. Holiday, Crim. 1.D. No. 1911015042 D.I. 14, 23, 24, 30, 36, 29,
42, 46, 47, 48, 49, 50, 51, 55, 56, 66; State v. Holiday, Crim. I.D. No.
2008011758, D.I 21, 37, 41, 44, 47, 48, 49, 50, 53, 55, 56, 59, 60, 63-64, 65.
2. At a February 23, 2024, status conference, Holliday, through
counsel orally moved for a sentence modification.2 On March 1, 2024, the
motion was heard and granted, in part. For Holliday’s Assault Second
Degree conviction, he was resentenced to eighteen months of Level V
imprisonment, with no probation to follow. The sentences for his
remaining convictions, Robbery Second Degree, Conspiracy Second Degree
and Carrying a Concealed Deadly Weapon, were not modified. The
effective date of this sentence was May 19, 2023.°
3. Holliday appealed this sentence to the Delaware Supreme Court
on March 19, 2024.°
3. On April 29, 2024, Holliday filed the instant Motion for Credit
for Time Previously Served.’
4. Despite the pendency of the Supreme Court appeal, in a letter
dated June 11, 2024, Mr. Holliday was informed by this Court that:
The credit time from your incarceration on February 17, 2023,
through April 25, 2023, was provided to you on the second
violation of probation sentencing order dated April 25, 2023.
On May 17, 2023, an administrative warrant was filed alleging
your third violation at level 4 and you were transferred to level
5 incarceration. This credit time was provided to you on your
3D—D.I. 55 (5042); D.I. 59 (1758)
4D.I. 57 (5042), D.I. 61 (1758).
5 Id.
® Holiday v. State, 113, 2024, D.I. 1.
7D.I. 56 (5042), D.I. 69 (1758).
third violation of probation sentencing order dated June 6,
2023, and subsequently modified on March 1, 2024.
Therefore, all credit time was given to you and reflected
appropriately on your sentencing Orders.°
4. Now that the Supreme Court has affirmed his violation of
probation sentence, the matter is ripe for adjudication in this Court.
5. For the reasons stated in the June 11, 2024, letter to Mr.
Holliday, the Court has determined that Mr. Holliday was afforded the
appropriate amount of credit time on his modified sentence.
THEREFORE, IT IS SO ORDERED that the defendant’s Motion
for Credit Time Previously Served is DENIED.
Danielle J. Brennan,
Superior Court Judge
CC: Emmanuel Holiday (SBI: 00829792)
Department of Justice
Alexandria Shaffer, ODS
Prothonotary
8 DI. 68 (5042); D.I. 72 (1758).