Opinion
Criminal ID No. 1212003101
12-14-2016
STATE OF DELAWARE v. KENNETH FOWLER
cc: Sonia Augusthy, Deputy Attorney General Michael Modica, Esquire
ORDER
The Motion for Reargument/Reconsideration is DENIED. The October 24, 2016, order denied the Motion for Modification because the sentence was appropriate. As a secondary matter, also it would not expand the 90 day rule.
The defendant seems to assert that successful rehabilitation would constitute a justifiable reason to modify a sentence. Should there be an application for good cause from DOC then this Court would consider modification. Defendant should pursue a sentence modification based upon rehabilitation under 11 Del. C. §4217.
The Supreme Court said recently in State v. Culp, "Employing Rule 35(b) as a mechanism for reducing sentences based upon an inmate's rehabilitative efforts would undermine §4217 and the important role it assigns to the DOC and the Board of Parole in seeking assurances of community safety and public welfare in the evaluation of claims of successful rehabilitation."
Del. Super., 2016 WL 7176720 at Pg. 4
As to the secondary matter, the Court concludes, " based on our constitution of the relevant statute and rules, we conclude that, after 90 days, a plea for leniency based upon rehabilitative efforts must proceed through one of these two routes - either §4217 or through the Board of Pardons process."
Id. --------
/S/ CALVIN L . SCOTT
Calvin L. Scott, Jr.
Superior Court Judge Dated: December 14, 2016
oc: Prothonotary
cc: Sonia Augusthy, Deputy Attorney General
Michael Modica, Esquire