Full Opinion

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE STATE OF DELAWARE ) ) ) I.D. No. 2008008152 v. ) ) LAVARE BROWN, ) ) Defendant. ) This 29th day of July, 2026, the Court enters the following Order: ORDER LIFTING STAY 1. The defendant filed a motion under Rule 35(a) for relief from an allegedly illegal sentence pursuant to the ruling of the United States Supreme Court in Erlinger v United States (602 U.S 821 (2024)). This was one of the many Erlinger claims from inmates at the Department of Corrections filed throughout the Superior Court. In order to allow for an orderly consideration of the Erlinger case, the Court stayed further action until the decisional law began to develop as to the judicial response to Erlinger. While further litigation may well yield refinements in the Court’s treatment of Erlinger claims, many are ready for resolution, including this case, and the Court therefore enters this order lifting the stay in this case. ORDER ON THE MERITS - DENIED 1. On June 15, 2022, the Defendant pled guilty to two charges: Possession of a Firearm by a Person Prohibited and Possession of Ammunition by a Person Prohibited, and Possession of a Controlled Substance. As to the Firearm and Ammunition charges, defendant was sentenced to 15 years at Level V, the first 10 of which were a mandatory sentence due to defendant’s prior history of violent felonies. As to the controlled substance charge, Defendant was sentenced to 15 years at Level V suspended for decreasing levels of probation. 2. Brown contends that his sentence violates the constitutional principles established in Erlinger. 3. The controlled substance charge to which defendant pled guilty did not involve any sentence enhancements and the sentence imposed was within the statutory guidelines. On these facts, Erlinger is not implicated as to Defendant’s sentence for the controlled substance charge. 4. In Erlinger the United States Supreme Court states that virtually any fact that increases the prescribed range of penalties to which a criminal defendant is exposed must be resolved by a unanimous jury beyond a reasonable doubt or freely admitted in a guilty plea. Johnson v. State, 2025 WL 397431 (Del. 2025). In the instant case the defendant signed the plea agreement which provided in relevant part “Count 5 – 15 years at Level 5 suspended after 10 years (minimum mandatory due to defendant’s prior violent felony convictions) for 18 months at Level 3.” On this record the defendant freely admitted that he was facing a 10-year minimum mandatory sentence because of his prior violent felony convictions. 5. On these facts Erlinger is not implicated. Defendant’s motion for correction of an illegal sentence must and hereby is DENIED. Defendant’s request for counsel, to the extent he made such a request, is DENIED. IT IS SO ORDERED. /s/ Francis J. Jones Francis J. Jones, Judge cc: Original to Prothonotary Lavare Brown (SBI # 00295633) Andrew Vella, Deputy Attorney General