SUPERIOR COURT OF THE
STATE OF DELAWARE
VIVIAN L. MEDINILLA LEONARD L. WILLIAMS JUSTICE CENTER JUDGE 500 NorTH KING STREET, SUITE 10400
WILMINGTON, DE 19801-3733
TELEPHONE (302) 255-0626
September 16, 2021
Michael W. Modica, Esq. Zachary Rosen, Esq. 715 North King Street 820 North French Street Suite 300 7" Floor
Wilmington, DE 19801 Wilmington, DE 19801
Re: State of Delaware v. Anthony L. Kelson Case ID Nos.: 1112005071, 1301013163 and 1408011166
Counsel:
This Court has reviewed Defendant’s Motion for Modification dated August 12, 2021! and the State’s response dated September 15, 20217. Mr. Kelson was sentenced in December of 2015 to four years of Level V with transitioning levels of probation to include six months at Level IV DOC Discretion’. On the same day, he was sentenced on his VOPs to cases that stem back to 2012 and 2013 wherein he received one year of Level IV Work Release.* The aggregate total of 18 months was imposed in 2015.
In light of the progress that Mr. Kelson has made over the last six years, his Motion is GRANTED to reflect that the Level IV Work Release sentence is modified to Home Confinement, as unopposed. His VOP Level IV is also reduced from 1 year to 6 months with holds at Level III until space is available at Level IV
' Defendant’s Motion for Modification of Sentence, Crim. ID. No. 1112005071, D.I. 22; Crim. ID. No. 1301013163, D.I. 24; Crim. ID. No. 1408011166, D.I. 34.
2 State’s Response, Crim. ID. No. 1112005071, D.I.__; Crim. ID. No. 1301013163, D.I. ___; Crim. ID. No. 1408011166, DI...
3 Sentence: ASOP Order Signed and Filed, Crim. ID. No. 1408011166, D.I. 13.
4 Violation of Probation Hearing, Crim. ID. No. 1112005071, D.I. 15; Crim. ID. No. 1301013163, D.I. 18. Home Confinement. The sentence orders are enclosed for your ease of reference. Sincerely,
Asb~
/ Vivian L. Medinilla ~~ Judge
Enclosure
oc: Prothonotary cc: Investigative Services Office IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
STATE OF DELAWARE vs. ANTHONY L KELSON Alias: See attached list of alias names. DOB: 10/20/1988 SBI: 00571812 IN AND FOR NEW CASTLE COUNTY
CASE NUMBER: CRIMINAL ACTION NUMBER: N1408011166 IN1L4-08-1371R1
DDEAL TIER 4(F) COMMITMENT
Nolle Prosequi on all remaining charges in this case ALL SENTENCES OF CONFINEMENT SHALL RUN CONSECUTIVE
MODIFIED SENTENCE ORDER
NOW THIS 15TH DAY OF SEPTEMBER, 2021, IT IS THE ORDER OF THE COURT THAT: THE ORDER DATED December 11, 2015 IS HEREBY MODIFIED AS FOLLOWS:
The defendant is adjudged guilty of the offense(s) charged. The defendant is to pay the costs of prosecution and all statutory surcharges.
AS TO IN14-08-1371-R1 : TIS DDEAL TIER 4
Effective August 14, 2014 the defendant is sentenced as £Eollows:
- The defendant is placed in the custody of the Department of Correction for 25 year(s) at supervision level 5
- Suspended after 4 year(s) at supervision level 5 - For 2 year(s) supervision level 4 HOME CONFINEMENT
- Suspended after 6 month(s) at supervision level 4 HOME CONFINEMENT
- For 18 month(s) supervision level 3 - Hold at supervision level 3
- Until space is available at supervision level 3 HOME **APPROVED ORDER** 1 September 15, 2021 15:57 STATE OF DELAWARE vs. ANTHONY L KELSON DOB: 10/20/1988 SBI: 00571812
CONFINEMENT
**APPROVED ORDER** 2 September 15, 2021 15:57 SPECIAL CONDITIONS BY ORDER
STATE OF DELAWARE vs. ANTHONY L KELSON DOB: 10/20/1988 SBI: 00571812 CASE NUMBER: 1408011166
Have no contact with Allan Stevens
Have no contact with Dawn Smith
Have no contact with 245 Smalleys Dam Rd.
Pursuant to 29 Del.C. 4713(b) (2), the defendant having been convicted of a Title 11 felony, it is a condition of the defendant's probation that the defendant shall provide a DNA sample at the time of the first meeting with the defendant's probation officer. See statute.
The defendant shall pay any monetary assessments ordered during the period of probation pursuant to a schedule of payments which the probation officer will establish.
Defendant shall be evaluated for substance abuse and follow recommendation for treatment, counseling and screening.
Forfeit ammunition seized.
Forfeit USC seized.
For the purposes of ensuring the payment of costs, fines, restitution and the enforcement of any orders imposed, the Court shall retain jurisdiction over the convicted person until any fine or restitution imposed shall have been paid
in full. This includes the entry of a civil judgment pursuant to 11 Del.c. 4101 without further hearing.
NOTES and now to wit, this 15th day of September 2021, this Order has been modified to reflec the change in the defendant's level 4 probation from DOC Discretion to Home Confinement
with a hold at level 3.
**APPROVED ORDER** 3 September 15, 2021 15:57 STATE OF DELAWARE vs. ANTHONY L KELSON DOB: 10/20/1988 a SBI: 00571812 4
JUDGE VIVIAN L MEDINILI
**kAPPROVED ORDER** 4 September 15, 2021 15:57 FINANCIAL SUMMARY STATE OF DELAWARE vs. ANTHONY L KELSON DOB: 10/20/1988 SBI: 00571812
CASE NUMBER: 1408011166
SENTENCE CONTINUED:
TOTAL DRUG DIVERSION FEE ORDERED TOTAL CIVIL PENALTY ORDERED
TOTAL DRUG REHAB. TREAT. ED. ORDERED TOTAL EXTRADITION ORDERED
TOTAL FINE AMOUNT ORDERED
FORENSIC FINE ORDERED
RESTITUTION ORDERED
SHERIFF, NCCO ORDERED 180.00 SHERIFF, KENT ORDERED
SHERIFF, SUSSEX ORDERED
PUBLIC DEF, FEE ORDERED
PROSECUTION FER ORDERED 100.00 VICTIM'S COM ORDERED
VIDEOPHONE FEE ORDERED 1.00 DELJIS FEE ORDERED 1.00 SECURITY FEE ORDERED 10.00 TRANSPORTATION SURCHARGE ORDERED
FUND TO COMBAT VIOLENT CRIMES FEE 15.00 SENIOR TRUST FUND FEE
AMBULANCE FUND FEE
TOTAL 307.00 **APPROVED ORDER** 5 September 15, 2021 15:57
STATE OF DELAWARE vs.
ANTHONY L KELSON
DOB: 10/20/1988
SBI: 00571812
ANTHONY KELSON ANTHONY L KELSON JR
**APPROVED ORDER**
LIST OF ALIAS NAMES
CASE NUMBER:
1408011166
September 15,
2021 15:57 IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
Alias: No Aliases
SBI: 00571812 IN AND FOR NEW CASTLE COUNTY
CASE NUMBER: CRIMINAL ACTION NUMBER: N1112005071 VN12-01-0173-02 N1301013163 VIOL O/PROBATN
ORIG. CHARGE:
DDEAL TIER 2(F) VN13-02-0126-01 VIOL O/PROBATN
POSS C/SUB+AF (M) VN13-02-1365-01 VIOL O/PROBATN
DUI LIQ - DRUGS (M)
COMMITMENT ALL SENTENCES OF CONFINEMENT SHALL RUN CONSECUTIVE
MODIFIED VIOLATION OF PROBATION SENTENCE ORDER
NOW THIS 15TH DAY OF SEPTEMBER, 2021, IT IS THE ORDER OF THE COURT THAT: the order dated January 13, 2016 is hereby modified as follows: The defendant is found in violation. Defendant is sentenced as follows:
AS TO VN12-01-0173-02 : TIS 16 Del.C.47530001FC VIOL O/PROBATN - FOUND IN VIOLATION
Effective January 13, 2016 the defendant is sentenced as £ollows:
- The defendant is placed in the custody of the Department of Correction for 5 year(s) at supervision level 5
AS TO VN13-02-0126-01 : TIS 16 Del.C.4763000aMA VIOL O/PROBATN - FOUND IN VIOLATION
- The defendant is placed in the custody of the Department of Correction for 1 year(s) at supervision level 5
- Suspended for 6 month(s) at supervision level 4 HOME **APPROVED ORDER** 1 September 15, 2021 15:56 STATE OF DELAWARE vs. ANTHONY L KELSON DOB: 10/20/1988 SBI: 00571812 CONFINEMENT - Hold at supervision level 3
- Until space is available at supervision level 4 HOME CONFINEMENT
AS TO VN13-02-1365-01 : NON-TIS 21 Del.C.417700a3M VIOL O/PROBATN - FOUND IN VIOLATION
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SUPERIOR COURT OF THE
STATE OF DELAWARE
VIVIAN L. MEDINILLA LEONARD L. WILLIAMS JUSTICE CENTER JUDGE 500 NorTH KING STREET, SUITE 10400
WILMINGTON, DE 19801-3733
TELEPHONE (302) 255-0626
September 16, 2021
Michael W. Modica, Esq. Zachary Rosen, Esq. 715 North King Street 820 North French Street Suite 300 7" Floor
Wilmington, DE 19801 Wilmington, DE 19801
Re: State of Delaware v. Anthony L. Kelson Case ID Nos.: 1112005071, 1301013163 and 1408011166
Counsel:
This Court has reviewed Defendant’s Motion for Modification dated August 12, 2021! and the State’s response dated September 15, 20217. Mr. Kelson was sentenced in December of 2015 to four years of Level V with transitioning levels of probation to include six months at Level IV DOC Discretion’. On the same day, he was sentenced on his VOPs to cases that stem back to 2012 and 2013 wherein he received one year of Level IV Work Release.* The aggregate total of 18 months was imposed in 2015.
In light of the progress that Mr. Kelson has made over the last six years, his Motion is GRANTED to reflect that the Level IV Work Release sentence is modified to Home Confinement, as unopposed. His VOP Level IV is also reduced from 1 year to 6 months with holds at Level III until space is available at Level IV
' Defendant’s Motion for Modification of Sentence, Crim. ID. No. 1112005071, D.I. 22; Crim. ID. No. 1301013163, D.I. 24; Crim. ID. No. 1408011166, D.I. 34.
2 State’s Response, Crim. ID. No. 1112005071, D.I.__; Crim. ID. No. 1301013163, D.I. ___; Crim. ID. No. 1408011166, DI...
3 Sentence: ASOP Order Signed and Filed, Crim. ID. No. 1408011166, D.I. 13.
4 Violation of Probation Hearing, Crim. ID. No. 1112005071, D.I. 15; Crim. ID. No. 1301013163, D.I. 18. Home Confinement. The sentence orders are enclosed for your ease of reference. Sincerely,
Asb~
/ Vivian L. Medinilla ~~ Judge
Enclosure
oc: Prothonotary cc: Investigative Services Office IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
STATE OF DELAWARE vs. ANTHONY L KELSON Alias: See attached list of alias names. DOB: 10/20/1988 SBI: 00571812 IN AND FOR NEW CASTLE COUNTY
CASE NUMBER: CRIMINAL ACTION NUMBER: N1408011166 IN1L4-08-1371R1
DDEAL TIER 4(F) COMMITMENT
Nolle Prosequi on all remaining charges in this case ALL SENTENCES OF CONFINEMENT SHALL RUN CONSECUTIVE
MODIFIED SENTENCE ORDER
NOW THIS 15TH DAY OF SEPTEMBER, 2021, IT IS THE ORDER OF THE COURT THAT: THE ORDER DATED December 11, 2015 IS HEREBY MODIFIED AS FOLLOWS:
The defendant is adjudged guilty of the offense(s) charged. The defendant is to pay the costs of prosecution and all statutory surcharges.
AS TO IN14-08-1371-R1 : TIS DDEAL TIER 4
Effective August 14, 2014 the defendant is sentenced as £Eollows:
- The defendant is placed in the custody of the Department of Correction for 25 year(s) at supervision level 5
- Suspended after 4 year(s) at supervision level 5 - For 2 year(s) supervision level 4 HOME CONFINEMENT
- Suspended after 6 month(s) at supervision level 4 HOME CONFINEMENT
- For 18 month(s) supervision level 3 - Hold at supervision level 3
- Until space is available at supervision level 3 HOME **APPROVED ORDER** 1 September 15, 2021 15:57 STATE OF DELAWARE vs. ANTHONY L KELSON DOB: 10/20/1988 SBI: 00571812
CONFINEMENT
**APPROVED ORDER** 2 September 15, 2021 15:57 SPECIAL CONDITIONS BY ORDER
STATE OF DELAWARE vs. ANTHONY L KELSON DOB: 10/20/1988 SBI: 00571812 CASE NUMBER: 1408011166
Have no contact with Allan Stevens
Have no contact with Dawn Smith
Have no contact with 245 Smalleys Dam Rd.
Pursuant to 29 Del.C. 4713(b) (2), the defendant having been convicted of a Title 11 felony, it is a condition of the defendant's probation that the defendant shall provide a DNA sample at the time of the first meeting with the defendant's probation officer. See statute.
The defendant shall pay any monetary assessments ordered during the period of probation pursuant to a schedule of payments which the probation officer will establish.
Defendant shall be evaluated for substance abuse and follow recommendation for treatment, counseling and screening.
Forfeit ammunition seized.
Forfeit USC seized.
For the purposes of ensuring the payment of costs, fines, restitution and the enforcement of any orders imposed, the Court shall retain jurisdiction over the convicted person until any fine or restitution imposed shall have been paid
in full. This includes the entry of a civil judgment pursuant to 11 Del.c. 4101 without further hearing.
NOTES and now to wit, this 15th day of September 2021, this Order has been modified to reflec the change in the defendant's level 4 probation from DOC Discretion to Home Confinement
with a hold at level 3.
**APPROVED ORDER** 3 September 15, 2021 15:57 STATE OF DELAWARE vs. ANTHONY L KELSON DOB: 10/20/1988 a SBI: 00571812 4
JUDGE VIVIAN L MEDINILI
**kAPPROVED ORDER** 4 September 15, 2021 15:57 FINANCIAL SUMMARY STATE OF DELAWARE vs. ANTHONY L KELSON DOB: 10/20/1988 SBI: 00571812
CASE NUMBER: 1408011166
SENTENCE CONTINUED:
TOTAL DRUG DIVERSION FEE ORDERED TOTAL CIVIL PENALTY ORDERED
TOTAL DRUG REHAB. TREAT. ED. ORDERED TOTAL EXTRADITION ORDERED
TOTAL FINE AMOUNT ORDERED
FORENSIC FINE ORDERED
RESTITUTION ORDERED
SHERIFF, NCCO ORDERED 180.00 SHERIFF, KENT ORDERED
SHERIFF, SUSSEX ORDERED
PUBLIC DEF, FEE ORDERED
PROSECUTION FER ORDERED 100.00 VICTIM'S COM ORDERED
VIDEOPHONE FEE ORDERED 1.00 DELJIS FEE ORDERED 1.00 SECURITY FEE ORDERED 10.00 TRANSPORTATION SURCHARGE ORDERED
FUND TO COMBAT VIOLENT CRIMES FEE 15.00 SENIOR TRUST FUND FEE
AMBULANCE FUND FEE
TOTAL 307.00 **APPROVED ORDER** 5 September 15, 2021 15:57
STATE OF DELAWARE vs.
ANTHONY L KELSON
DOB: 10/20/1988
SBI: 00571812
ANTHONY KELSON ANTHONY L KELSON JR
**APPROVED ORDER**
LIST OF ALIAS NAMES
CASE NUMBER:
1408011166
September 15,
2021 15:57 IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
Alias: No Aliases
SBI: 00571812 IN AND FOR NEW CASTLE COUNTY
CASE NUMBER: CRIMINAL ACTION NUMBER: N1112005071 VN12-01-0173-02 N1301013163 VIOL O/PROBATN
ORIG. CHARGE:
DDEAL TIER 2(F) VN13-02-0126-01 VIOL O/PROBATN
POSS C/SUB+AF (M) VN13-02-1365-01 VIOL O/PROBATN
DUI LIQ - DRUGS (M)
COMMITMENT ALL SENTENCES OF CONFINEMENT SHALL RUN CONSECUTIVE
MODIFIED VIOLATION OF PROBATION SENTENCE ORDER
NOW THIS 15TH DAY OF SEPTEMBER, 2021, IT IS THE ORDER OF THE COURT THAT: the order dated January 13, 2016 is hereby modified as follows: The defendant is found in violation. Defendant is sentenced as follows:
AS TO VN12-01-0173-02 : TIS 16 Del.C.47530001FC VIOL O/PROBATN - FOUND IN VIOLATION
Effective January 13, 2016 the defendant is sentenced as £ollows:
- The defendant is placed in the custody of the Department of Correction for 5 year(s) at supervision level 5
AS TO VN13-02-0126-01 : TIS 16 Del.C.4763000aMA VIOL O/PROBATN - FOUND IN VIOLATION
- The defendant is placed in the custody of the Department of Correction for 1 year(s) at supervision level 5
- Suspended for 6 month(s) at supervision level 4 HOME **APPROVED ORDER** 1 September 15, 2021 15:56 STATE OF DELAWARE vs. ANTHONY L KELSON DOB: 10/20/1988 SBI: 00571812 CONFINEMENT - Hold at supervision level 3
- Until space is available at supervision level 4 HOME CONFINEMENT
AS TO VN13-02-1365-01 : NON-TIS 21 Del.C.417700a3M VIOL O/PROBATN - FOUND IN VIOLATION
- The defendant is placed in the custody of the Department of Correction for 1 year(s) at supervision level 5
- Suspended for 1 year(s) at supervision level 3
Probation is concurrent to criminal action number VN13-02-0126 01
**APPROVED ORDER** 2 September 15, 2021 15:56 SPECIAL CONDITIONS BY ORDER
1112005071 1301013163
All previous terms and conditions are reimposed.
See Notes
For the purposes of ensuring the payment of costs, fines, restitution and the enforcement of any orders imposed, the Court shall retain jurisdiction over the convicted person until any fine or restitution imposed shall have been paid in full. This includes the entry of a civil judgment pursuant to 11 Del.c. 4101 without further hearing.
NOTES The defendant shall pay costs, fines and/or restitution as previously ordered.
3-22 ee eee eee ee === ====MODIFIED ORDER======3====S=====S>225==
and now to wit, this 15th day of September 2021, this Order has been modified to reflect that the defendant's level 4 sentence has been modified from level 4 Work Release to Home Confinement with a hold at level 3.
" JUDGE VIVIAN L DINILLA
**APPROVED ORDER** 3 September 15, 2021 15:56