Kent v. State

• Court: Supreme Court of Delaware
• Decided: October 25, 2024
• Docket: 203, 2024
• Status: Published

Opinion

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