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Baldwin v. State1/13/2000
influence and committed her fourth offense during the two weeks between the date she was sentenced for her third offense and the date she was to begin serving that sentence. Baldwin argues that, since she had not begun to serve her sentence on the third offense when she committed the fourth offense, she should not have been sentenced as a fourth offender. This argument lacks merit. The statute makes no distinction based upon whether the defendant served his or her sentence for the prior offenses. The operative event is the defendant's conviction.
9) Finally, Baldwin argues that the trial court considered impermissible factors in imposing sentence. Specifically, she complains about the court's comment that Baldwin has not "stood up and been accountable for" her drunk driving and that Baldwin "submitted to perjury in the testimony to get out of this...." Those comments were in response to Baldwin's request that she be given a week or two before reporting to prison. It was during a similar hiatus after her third offense that she committed this fourth offense and the trial court was explaining why her request was being denied. There is nothing in this record to suggest that, in sentencing Baldwin, the trial court penalized her for failing to testify or for the lack of credibility of the defense witnesses.
NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court be, and the same hereby is, AFFIRMED.
Page 1 2 Delaware DUI Attorneys
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