State v. Grace

In State v. Grace, 2001 WL 1221661 (Del. Super.2001), the State asserted that the date of the first offense was the date of conviction, not the date of arrest. However, the court found that such a contention is contrary to the plain language of 4177B(e)(3). As the court explained, "...for purposes of computing time, one focuses on the date the offense was committed, not the date it was adjudicated. An offender commits an offense on the day that he or she does the offensive act. The language of the statute is clear." In addition, Judge Vaughn of the Superior Court in Grace noted in overruling the State's argument as follows "Here, aside from the illogicality in mixing arrests and convictions as equivalent for purposes of computing time, the fallacy of the State's argument becomes readily apparent when one reads 21 Del.C. 4177B(e)(3), which specifically covers computation of time. This section provides that 'for the purpose of computing the periods of time set out in 2742, 4177 or 4177B of this title, the period shall run from the date of the commission of the prior or previous offense to the date of the commission of the charged offense.' Thus for purposes of computing time, one focuses on the date the offense was committed, not the date it was adjudicated. An offender commits an offense on the day that he or she does the offensive act. The language of the statute is clear."