Opinion
I.D. No. N1608020446
11-15-2019
STATE OF DELAWARE, v. LOREN L. ADAMS, Defendant.
ORDER
Upon consideration of Defendant's Motion for Modification/Reduction of Sentence; Superior Court Criminal Rule 35; the facts, arguments, and legal authorities set forth in Defendant's Motion; statutory and decisional law; and the record in this case, IT APPEARS THAT:
D.I. 14.
1. On February 6, 2017, Defendant Loren Adams pled guilty to Possession of a Firearm by a Person Prohibited ("PFBPP") and Carrying a Concealed Deadly Weapon ("CCDW"). Pursuant to Superior Court Criminal Procedural Rule 11(c)(1), the Court addressed Defendant personally in open court and determined that Defendant understood the nature of the charge to which the plea was offered, including the mandatory minimum sentence of 5 years at Level V for the charge of PFBPP. Defendant was immediately sentenced as follows: for PFBPP, 15 years at Level V, suspended after the 5-year minimum mandatory term, for 2 years at Level IV, suspended after 6 months for 18 months at Level III; for CCDW, 8 years at Level V, suspended for 1 year at Level III.
D.I. 8.
D.I. 10.
2. In the instant Motion, Defendant requests that the Court suspend his 6 months of unsuspended Level IV time for the last 180 days of his Level V time on the PFBPP charge. In support of this request, Defendant cites his many achievements, such as: (1) Certificate of Flagger (American Traffic Safety Services); (2) Delaware State Board of Education Secondary Credential; (3) Employment Skills Program Certificate of Achievement; (4) Letter from Lisa Blunt Rochester, Member of Congress; (5) Letter from Matthew Meyer, County Executive; (6) Certificate of Completion of Men's Group; and (7) Certificate of Completion of the Key North Correctional Recovery Program. In addition, Defendant cites his need to support his family upon release.
D.I. 14.
Id.
Id.
3. Pursuant to Criminal Rule 35(b), the Court will not consider repetitive requests for reduction or modification of sentence. This is Defendant's second Rule 35(b) motion and it is, therefore, barred as repetitive.
Super. Ct. Crim. R. 35(b).
D.I. 12. --------
4. The sentence is appropriate for all the reasons stated at the time of sentencing. No additional information has been provided to the Court that would warrant a reduction or modification of this sentence.
NOW, THEREFORE, IT IS HEREBY ORDERED that Defendant's Motion for Modification/Reduction of Sentence is DENIED.
IT IS SO ORDERED.
/s/_________
Jan R. Jurden, President Judge Original to Prothonotary:
cc: Loren L. Adams (SBI# 00516517)
Phillip M. Casale, Esq.
Timothy J. Weiler, Esq.