IN THE SUPREME COURT OF THE STATE OF DELAWARE

JASON J. COLLINS , Defendant Below

Appellant,

v. STATE OF DELAWARE,
Plaintiff Below

Appellee. § § No. 17, 2019 § § § § Court Below

— Superior Court § of the State of Delaware § § Cr. ID No s
. 1708012957 (K) § 1708015150 §
Submitted: February 27, 2019 Dec ided: March 15 , 2019
Before STRINE , Chief Justice; VAUGHN and SEITZ , Justices

. O R D E R
U pon consideration of the appellant’s opening brief, the State’s motion to affirm, and the record below, it appears t o the Court that: (1) The defendant

- appellant, Jason Collins , filed this appeal from the Superior Court’s order denying his motion for review of sentence

. 1 The State has moved to affirm the Superior Court’s judgment on the ground that
it is manifest on t he face of Collins’ opening brief that his appeal is without
merit. We agree and affirm. (2) The record reflects that Collins pleaded guilty on July 25, 2018,

to one count of drug dealing and one count of issuing a bad check in excess

1 On March 8, 2019, Coll ins filed a motion for expedited procedure under Suprem e Court Rule 25(e). The issuance of this decision renders the Rule 25(e) motion moot.2

of $1,500

. On the d rug dealing charge, the Superior Co urt sentenced Collins to ten years of Level V incarceration , suspended for twelve months of Level
IV home confinement, followed by one year on Level III probation

. On the bad check charge, the Superior Court s entenced hi m to two years of Level V
incarceration , suspended for one year on Level III probation

. (3) Collins later absconded from probation. An administrative warrant was obtained and the Superior Court held a violation of probation (“VOP”) hearing on October 15, 2018. The Superior Court found Collins
violated his probation for his drug dealing and bad check convictions

. Contemporaneously, t he Superior Court also found Collins had violated his probation for two earlier felony convictions: a 2009 conviction for s econd degree forgery and a 2014 conviction for identity theft. For his 2009 second degree forgery conviction, Co llins was serving a sentence of two years of Level V incarceration, suspended for si x months on Level II probation, to be followed by one year o n Level I probation for restitution purposes only.
Collins was also serving a sentence of two years of Level V of incarceration, suspended for six months o n Level II probation, to be followed by one year

o n Level I probation for restitution purposes only for his 2014 identity theft
conviction. At the VOP hearing, t he Superior Court resentenced Collins as
follows: (i) on the VOP for the drug dealing conviction , ten years of Level V
incarceration with credit for nine days previously served , suspended after s ix3

months of Level V incarceration , fol lowed by six months of Level IV work
release , followed by one year on Level III probation ; (ii) on the VOP for the forgery conviction, one year of Level V incarceration , suspended for one

year on Level III probation ; (iii) on the VOP for the identity theft conviction,

one year and six months of Level V incarceration , suspended for one year on Level III probation ; and (iv) for the VOP on the bad check conviction, two years of Level V incarcer ation, suspended for one yea r on Level III probation

. (4 ) Collins filed a motion for review of sentence with the Superior Court on December 7, 2018, seeking six months of Level V credit time and requesting that the Level IV work release portion of his sentence be
modified to Level III probation. The Superior Court denied Collins’ motion, concluding that Level IV work release was an appropriate placement for Collins in light of his criminal history

. Further, a fter reviewing a report prepared by the Investigative Services Office, t h e Superior Court found
Collins had , in fact, received credit for t he time he had previously served at
Level V

. This appeal followed. (5 ) The Court has reviewed the parties’ contentions and the record carefully. The Court finds no factual or legal basis to Collins’ contentions. Collins correctly asserts that he is entitled to Level V credit for Level V time4

served. 2 However, Collins argues the Superior Court improperly credited
his Level V time to a “non Level V sentence.” This allegation is false. At the time of the October 15, 2018 VOP hearing, Collins was serving a sentence for two years of Level V incarceration, suspended for six months

o n Level IV probatio n, to be followed by one year on Level I probation for
restitution purposes for his 2014 conv iction for identity theft

. In its VOP
sentence, t he Superior Court deducted six months of Level V time from the two years of back up time Collins faced on th is conviction

. Collins continues to face a suspended Level V sentence for one year and six months f or his conviction of identity theft

. Stated differently , the six months of pretrial
Level V time Collins served prior to posting bond on his drug dealing charge
has been credited to the balance of Level V time Collins faces. Accordingly,
we find no error in the Superior Court’s denial of Collins’ motion to review
his sentence

. NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED.
BY THE COURT:

/s/ James T. Vaughn, Jr. Justice

2 Gamble v. State , 728 A.2d 1171, 1172 (Del. 1999).