Opinion
ID 1902008301
06-11-2024
STATE OF DELAWARE, v. ANDREW CHARLES, Defendant.
Date Submitted: April 8 2024
ORDER
Jan R. Jurden, President Judge
Upon consideration of Defendant Andrew Charles' ("Charles") Motion for Modification of Partial Confinement ("Motion"), Superior Court Criminal Rule 35(b), statutory and decisional law, and the record in this case, IT APPEARS THAT:
D.I. 9. His Motion is titled, "Motion for No-Contact with Markia Woodall and Omari Woodall." Id. The Court reviews this as a Motion for Modification of Partial Confinement or Probation.
Super. Ct. Crim. R. 35(b).
(1) On March 28, 2019, Charles pled guilty to Possession of a Firearm by a Person Prohibited ("PFBPP")/Possession of Ammunition by a Person Prohibited ("PABPP") (N19-02-0942-I) and was sentenced as follows: 15 years at Level V with credit for 15 days, suspended after 5 years at Level V for 18 months at Level III. The Court ordered Charles to have no contact with Markia Woodall and Omari Woodall except pursuant to a valid Family Court order.
D.I. 3.
D.I. 5.
Id.
(2) On April 11, 2024, Charles filed the instant Motion asking the Court to lift the no-contact order with his fiancee, Markia Woodall and his son, Omari Woodall.
Id.
(3) Rule 35(b) governs motions for modification or reduction of sentence."A motion for modification of partial confinement or probation is not subject to the ninety-day limitation applicable to a motion for reduction of imprisonment."
Super. Ct. Crim. R. 35(b).
State v. Baily, 2017 WL 8787504, at *1 (Del. Super. Oct. 3, 2017); State v. Redden, 111 A.3d 602, 609 (Del. Super. 2015).
(4) The Court's authority to grant relief under Rule 35(b) is discretionary.Rule 35(b) does not provide specific considerations the Court must consider, rather "the Court exercises broad discretion in determining whether a situation or set of individual factors can be viewed."
Id.
State v. Redden, 111 A.3d 602, 609 (2015).
(5) In support of his Motion, Charles states he and Woodall are trying to get married and the no-contact order hinders him from being a father to his son.
D.I. 9.
He avers that the charges have nothing to do with Woodall and her son and that he is trying to be involved in his child's life.
Id.
(6) The Sentencing Order expressly states: "No contact with Markia Woodall and Omari Woodall, except pursuant to a valid Family Court order." Unless Charles is permitted to have contact with Markia Woodall and Omari Woodall pursuant to a valid Family Court order, the Court will not modify this nocontact order.
D.I. 5.
NOW, THEREFORE, IT IS HEREBY ORDERED that Andrew Charles' Modification of Partial Confinement or Probation is DENIED.
IT IS SO ORDERED.