DIORIO v. State

ANTHONY DIORIO, Defendant Below-Appellant,

v.

STATE OF DELAWARE Plaintiff Below-Appellee.

No. 42, 2009.

Supreme Court of Delaware.

Submitted: May 19, 2009.

Decided: June 16, 2009.

Before STEELE, Chief Justice, HOLLAND, and RIDGELY, Justices.

ORDER

HENRY DuPont RIDGELY, Justice

This 16th day of June 2009, it appears to the Court that:(1) Defendant-Appellant Diorio appeals from his Superior Court sentence of two years at Level V incarceration with twenty-three days credit for time served. Diorio contends that the court erred in not considering the entirety of time he served at Level V and insufficiently…