Opinion
I.D. 2006008746
12-04-2023
STATE OF DELAWARE, v. ERIC MCDUFFIE, Defendant.
Submitted: November 13, 2023
ORDER
Vivian L. Medinilla Judge
AND NOW TO WIT, this 4th day of December 2023, upon consideration of Defendant Eric McDuffie's (Defendant) Motion for Modification of Sentence, the sentence imposed upon Defendant, and the record in this case, it appears to the Court that:
1. On November 21, 2022, Defendant accepted a plea offer to one count of Robbery Second Degree and Carrying a Concealed Deadly Weapon. A joint recommendation was made by the State and Defendant and Defendant was sentenced by Superior Court William Carpenter to five years at Level V, with credit for 150 days served, suspended after 18 months incarceration, followed by transitioning levels of probation, including six months Level IV DOC Discretion and one year at Level III probation.
D.I. 25.
1. On June 26, 2023, Defendant wrote to J. Carpenter requesting his sentence be corrected. Since J. Carpenter was no longer on the bench, this Court responded to Defendant and decided not to treat the filing under Superior Court Criminal Rule 35(b) where it appeared Defendant was mistaken as to terms of the Level IV and III portions of his sentence.
D.I 26.
D.I 27 (Defendant requested his Level IV sentence be modified to a Level III sentence primarily based on a mistaken belief that he had been sentenced to a six-month Level IV sentence, with no probation to follow. Defendant was notified that his sentence included an expectation that the Level IV sentence was to be followed by one year at Level III.).
2. On November 13, 2023, Defendant filed this first Motion for Modification under Rule 35(b). He seeks that the remaining Level IV be served to a Level III probation and "that the discretion portion be reminded [sic] to the Plummer Center."
See Defendant's Motion for Modification, D.I. 28.
Id. at 3.
3. The bases of his request are that 1) the court can consider the "actual time" [at Level IV] as well as his achievements; 2) that he currently serves at Level IV Work Release as an Administrative Cleaner with trustee status and no write-ups; 3) that he is God fearing and has repented for his sins, with a supportive family waiting upon release; 4) that he will have a job when he moves back to Maryland.
Id. at 2.
4. Under Superior Court Criminal Rule 35(b), the Court "may . . . reduce the . . . term or conditions of partial confinement or probation, at any time."Defendant indicates he has served 6 months of his Level V sentence while at Level IV Plummer Center. To the extent that this is accurate, then it appears he has already served the sentence imposed by J. Carpenter.
Del. Super. Ct. Crim. R. 35(b).
5. If Defendant has served six months at Level IV DOC Discretion, then Defendant has already served this portion of his sentence and Defendant should flow down to Level III. If he has not served his six months, then Defendant's Motion must be DENIED, as his sentencing judge expected him to serve out his Level IV and Level III portions of his sentence. No additional information is provided to warrant a modification.
IT IS SO ORDERED.