In re State

HORSEY, Justice:

The State seeks to invoke the original jurisdiction of this Court to issue a- writ of mandamus directed to Myron T. Steele, Resident Judge of the Superior Court of the State of Delaware, to review the judgment of the Superior Court, dated July 10, 1992, in State v. Ronnie L. Fitzgerald, Del.Super., Cr.A. No. K92-02-0302A. By its order, Superior Court sentenced defendant Fitzgerald as a first offender for driving under the influence. The court ruled that defendant’s previous election to the first offender’s program could not be used to enhance his sentence for failure of the…