Opinion
I.D. No. 1810009052 I.D. No. 1811017528
11-04-2019
STATE OF DELAWARE, v. JARON J. STARKEY, Defendant.
ORDER
Upon consideration of Defendant's Motion for Sentence Reduction/Modification; Superior Court Criminal Rule 35; the facts, arguments, and legal authorities set forth in Defendant's Motion; statutory and decisional law; and the record in this case, IT APPEARS THAT:
ID No. 1810009052, D.I. 14; ID No. 1811012528, D.I. 16.
1. On August 2, 2019, Defendant was sentenced as follows: for Drug Dealing (Class D Felony), 8 years Level V, suspended after 6 months, for 7 years and 6 months Level IV (DOC Discretion), suspended after 6 months, for 1 year at Level III; for Driving Under the Influence - Third Offense, 2 years Level V, suspended after 1 year, for 18 months Level III.
ID No. 1810009052, D.I. 13; ID No. 1811012528, D.I. 15.
2. In the instant Motion, Defendant requests that the Court change his 6 months of unsuspended Level V time on the Drug Dealing charge to 6 months Level IV (Work Release). In support of this request, Defendant cites his need to pay off his financial obligations, his pending employment upon release, his need to complete the DUI course, and his commitment to his family.
ID No. 1810009052, D.I. 14; ID No. 1811012528, D.I. 16.
Id.
3. Requests for reduction or modification of sentence are governed by Superior Court Criminal Rule 35(b). Where a motion for reduction of sentence is filed under Criminal Rule 35(b) within 90 days of sentencing, the Court has broad discretion to decide if it should alter its judgment.
Hewett v. State, 2014 WL 5020251, at *1 (Del. Oct. 7, 2014) ("When, as here, a motion for reduction of sentence is filed within ninety days of sentencing, the Superior Court has broad discretion to decide whether to alter its judgment."); see also Super. Ct. Crim. R. 35(b) ("The court will not consider repetitive requests for reduction of sentence."). --------
4. This is Defendant's first Rule 35(b) motion, and it was filed within 90 days of the imposition of sentence. Therefore, consideration is not barred by Rule 35(b).
5. As to Defendant's sentence for Drug Dealing, the sentence is appropriate for all the reasons stated at the time of sentencing. No additional information has been provided to the Court that would warrant a reduction or modification of Defendant's sentences.
NOW, THEREFORE, IT IS HEREBY ORDERED that Defendant's Motion for Sentence Reduction/Modification is DENIED.
IT IS SO ORDERED.
/s/_________
Jan R. Jurden, President Judge Original to Prothonotary:
cc: Jaron J. Starkey (SBI# 00541269)
Samuel B. Kenney, Esq.
Zachary D. Rosen, Esq.