Opinion
ID 0902005408
10-01-2024
STATE OF DELAWARE, v. ANTHONY L BROWN, Defendant.
Date Submitted: July 16. 2024
ORDER
Jan R. Jurden, President Judge
Upon consideration of Defendant Anthony Brown's ("Brown") fourth Motion for Sentence Modification, Delaware Superior Court Criminal Rule 35(b),statutory and decisional law, and the record, IT APPEARS THAT:
D.I. 58.
Del. Super. Ct. Crim. R. 35(b).
(1) On November 4, 2009, Brown pled guilty to Robbery First Degree (IN09-02-1281), PFDCF (IN09-02-1288), Robbery First Degree (IN09-02-1282), and Burglary First Degree (IN09-02-1287). By Order dated January 22, 2010, effective January 22,2010, the Court sentenced Brown as follows: for Robbery First Degree, 5 years at Level V; for PFDCF, 3 years at Level V; for Robbery First Degree, 5 years at Level V; and for Burglary First Degree, 4 years at Level V, suspended after 2 years at Level V for 2 years at Level IV work release or home confinement, suspended after 6 months at Level IV for 18 months at Level III.
D.I. 26.
This sentence was ordered as consecutive to any sentence now serving.
All time imposed is mandatory/no good time according to 11 Del. C. 1447A.
D.I. 42.
(2) On March 24, 2020, Brown filed his first Motion for Sentence Modification to request the remainder of his Level V sentence be suspended for 6 months Level IV Work Release or Home Confinement followed by 18 months at Level III. By Order dated September 25,2020, the Court denied the Motion.
D.I. 49. The Motion is a request for a reduction of Level V time only.
D.I. 50. The Motion was denied because the Level V time that the Court imposed was a minimum mandatory sentence.
(3) On December 15, 2020, Brown filed his second Motion for Sentence Modification requesting his sentence be reviewed. By Order dated March 26,2021, the Court modified Brown's Level IV to DOC Discretion in light of the limitations on programming at Level IV due to the Pandemic.
D.I. 51.
D.I. 52; D.I. 53.
(4) On April 26, 2021, Brown filed his third Motion for Sentence Modification requesting a "change in environment." By Letter dated August 5, 2021, the Court denied the Motion.
D.I. 54.
D.I. 55. The Motion was denied because the Level V time that the Court imposed was a minimum mandatory sentence.
(5) On July 2, 2024, Brown filed the instant Motion for Sentence Modification ("Motion") asking the Court to modify his Level IV sentence for Burglary First Degree. Brown claims that he is not eligible for early work release because of the amount of Level IV time imposed by his sentence.
D.I. 57. The Court has previously informed Brown that the case number he references in his Motion is incorrect. See D.I. 59. Brown requests his "12 months Ivl 4," sentence be modified. But the Court did not order 12 months at level IV, it ordered 2 years at Level IV, suspended after 6 months at Level IV. See D.I. 53.
D.I. 57. Brown states his counselor Mrs. Faison told him that inmates sentenced to 12 months or more of Level IV, following their Level V time, are not eligible for work release.
(6) Delaware Superior Court Criminal Rule 35(b) governs motions for modification of sentence. The purpose of Rule 35(b) is to "provide a reasonable period for the Court to consider alteration of its sentencing judgments." Rule 35(b) contains procedural bars for timeliness and repetitiveness. Under Rule 35(b), the "[C]ourt will not consider repetitive requests for reduction of sentence." The repetitive motion bar is applicable even when the request is for reduction or modification of a term of partial confinement or probation.
Del. Super. Ct. Crim. R. 35(b).
State v. Remedio, 108 A.3d 326, 331 (Del. Super. 2014).
Del. Super. Ct. Crim. R. 35(b).
Id.
State v. White, 2018 WL 3545505, at *1 (Del. Super. Ct. July 23, 2018); See also Teat v. State, 31 A.3d 77 (Del. 2011) (The Supreme Court of Delaware affirmed the denial of a motion seeking modification of partial confinement on the grounds that the motion was repetitive.).
(7) Because this is his fourth motion for sentence modification, Brown's Motion is procedurally barred as repetitive.
See supra ¶¶ 2-4.
(8) The sentence is appropriate for all the reasons stated at the time of sentencing. No additional information has been provided to the Court which would warrant a reduction or modification of this sentence. NOW, THEREFORE, IT IS HEREBY ORDERED that Brown's fourth Motion for Sentence Modification is DENIED.
IT IS SO ORDERED.