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IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR SUSSEX COUNTY

ANDRE ! M. OWENS, Petitioner, v. STATE OF DELAWARE, G.R. JOHNSON, WARDEN, Respondents.

: C.A. No. S10M-06-028 : : : : :

ORDER DENYING PETITION SEEKING WRIT OF MANDAMUS AND DENYING REQUESTS FOR SENTENCE MODIFICATION

Andre ! M. Owens ("Owens") has filed a petition seeking a writ of mandamus regarding credit time due him. When the matter commenced, the only issue concerned meritorious good time credits. However, as the matter has proceeded, issues concerning the interpretation of Owens' sentence and the correct amount of behavior, as well as, meritorious good time credits due him have been raised. This decision resolves Owens' sentencing and credit time issues.

Sentencing History On January 15, 2002, Owens was arrested on two sets of charges in Sussex County: Def. ID #s 0201010358 and 0201010376. The State of Delaware ("the State") consolidated them into one case, Def. ID# 0201010358. Owens was incarcerated as of January 16, 2002. Two other matters were pending against him during the pertinent time period. On February 12, 2002, Owens

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was sentenced to 9 months at Level 5 for a violation of probation in the New Castle County Superior Court case of Def. ID# 0008017068. Then, on April 11, 2002, the Court of Common Pleas in and for Sussex County sentenced him on a pending case (Def. ID# 0202008516) to 30 days at Level 5 pursuant to 11 Del. C.

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