Reversed and Remanded.
Unpublished opinion is below.
STATE OF DELAWARE, Plaintiff Below, Appellant, v. DENNIS SELLECK, Defendant Below, Appellee. No. 523, 2001 In the Supreme Court of the State of Delaware. Submitted: February 12, 2001 Decided: March 13, 2002
JOSEPH T. WALSH, Justice:
ORDER
This 13th day of March 2002, upon consideration of the briefs on appeal and the record below, it appears to the Court that:
(1) The State brings this appeal to challenge a decision of the Family Court in which Dennis Selleck was sentenced to register as a sex offender at Risk Assessment Tier I, following his adjudication of delinquency on the charge of second degree unlawful sexual contact. The State argues that Selleck should have been designated to Risk Assessment Tier II, pursuant to 11 Del. C. § 4121(e)(2).
(2) This appeal is clearly controlled by our decision in Helman v. State, 784 A.2d 1058, 1066 (Del. 2001), in which we held that a sentencing court has no discretion in assigning an individual designated as a sex offender to a risk assessment tier level, since the statute specifies what offenses will result in designation to each separate tier level. In this case, Selleck was adjudicated delinquent of a crime that requires designation at Tier II. 11 Del. C. § 4121(e)(2).
NOW, THEREFORE, IT IS ORDERED that the judgment of the Family Court is REVERSED and this case is REMANDED for reimposition of Selleck's registration classification. Jurisdiction is not retained.