Opinion
Cr. I.D. No. 9403016296.
January 6, 2004.
Dwight F. Holden, Chairperson, Board of Parole.
Dear Chairperson Holden:
The Court acknowledges receipt of your December 22, 2003 Memorandum concerning the Department of Correction's application pursuant to 11 Del. C. § 4217 regarding Mr. Crippen and the Board's decision not to recommend a sentence modification. You have requested a copy of the Court's decision for Board of Parole records.
Section 4217(d)(4) provides that "[o]nly in those cases where the Board by majority vote recommends a modification of the sentence shall the application be submitted to the Court for consideration." The statute further provides in § 4217(e) that "[u]pon receipt of the recommendation of the Board of Parole, the court may in its discretion grant or deny the application for modification of sentence." When read together, it appears that the intent of the General Assembly is to vest jurisdiction in this Court to grant or deny an application for modification of sentence only after the Board has recommended a modification of sentence by at least a majority vote.
Because that condition for jurisdiction has not been satisfied, the Court lacks jurisdiction over the Department's application. Other than noting this lack of jurisdiction, there is no decision for this Court to make.