State v. Hoffman

Full title: STATE OF DELAWARE v. NICOLE R. HOFFMAN, Defendant

Court: Superior Court of Delaware, New Castle County

Date published: Jun 28, 2011

Case No. 1006008872 (Del. Super. Ct. Jun. 28, 2011)

Opinion

Case No. 1006008872.

June 28, 2011.

JAN R. JURDEN, Judge

ORDER

AND NOW, TO WIT, this 28th day of June 2011, having heard Defendant's Motion to Amend Sentence and the State's opposition thereto, IT IS HEREBY ORDERED as follows:

1. On June 14, 2010, Defendant Nicole R. Hoffman ("Hoffman") pled guilty to Manslaughter. Hoffman was sentenced to 13 years at Level V, suspended for 9 years at Level V, followed by varying levels of probation.¹

1 Sentencing Order, Docket Item ("D.I.") 4.

2. On December 6, 2010, Defendant filed a Motion to Amend Sentence.² On December 14, 2010, Defendant was granted additional time to supplement her Motion to Amend. Defendant filed a supplemental memorandum in support of her Motion to Amend on March 7, 2011.³ Defendant claimed "that the Court based its sentencing on information that was factually incorrect and which was material to the Court's conclusion that the aggravator of `undue depreciation of the offense' justified" the sentence imposed.⁴

2 D.I. 8.

3 D.I. 12.

4 Id.

3. Upon consideration of the parties' submissions the Court finds that Defendant's sentence should be modified to 13 years at Level V, suspended after 8 years of Level V, for 12 months of Level IV, followed by 24 months of Level III.⁵

5 State v. Walls, 911 A.2d 804 (Del. 2006) (TABLE); State v. Sloman, 886 A.2d 1257 (Del. 2005) (Sentencing Judge has inherent authority to modify sentence).

Defendant's Motion to Amend is thus GRANTED.

IT IS SO ORDEDED.