State v. Sculley, ID. 2010014313

• Court: Superior Court of Delaware
• Writing for the Court: Jan R. Jurden, President Judge
• Parties: STATE OF DELAWARE, v. BRENTON C. SCULLEY, Defendant.
• Docket Number: ID. 2010014313
• Decision Date: 17 October 2022

STATE OF DELAWARE,
v.
BRENTON C. SCULLEY, Defendant.

ID. No. 2010014313

Superior Court of Delaware

October 17, 2022

Date Submitted: September 12, 2022

ORDER

Jan R. Jurden, President Judge

Upon consideration of Defendant's Motion for Sentence Modification ("Motion"),^[1] Superior Court Criminal Rule 35, statutory and decisional law, and the record, IT APPEARS THAT:

(1) Defendant pled guilty to Disregarding Police Signal, Drug Dealing, and Endangering the Welfare of a Child on June 14, 2022^[2] and was sentenced as follows, effective May 24, 2022: for Disregarding Police Signal, 5 years at Level V, suspended for 18 months at Level III; for Drug Dealing, 15 years at Level III, suspended for 18 months at Level III; and for Endangering the Welfare of a Child, 1 year at Level V, suspended for 1 year at Level III.^[3] Probation for all offenses was

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to run concurrently.^[4]

(2) Defendant was found in violation of probation ("VOP") on August 2, 2022^[5] and was sentenced as follows: for Disregarding Police Signal VOP, 5 years at Level V, suspended for 1 year at Level III; for Drug Dealing VOP, 15 years at Level V with credit for 6 days previously served, suspended for 6 months at Level IV followed by 1 year at Level III; and for Endangering the Welfare of a Child VOP, 1 year at Level V, suspended for 1 year at Level III.^[6] Probation for all offenses was to run concurrently.^[7] The relevant portion of the VOP Sentencing Order discussed in Defendant's Motion concerns the 6 months of Level IV time for the Drug Dealing VOP.

(3) Defendant filed the instant Motion on September 12, 2022.^[8] He requests that he be flowed down from Level IV to Level III immediately upon completion of the "Road to Recovery" ("R2R") program instead of serving 6 months at Level IV for the Drug Dealing VOP.^[9]

(4) In support of his request for sentence modification, Defendant states he is participating in a substance abuse treatment program through R2R, has family

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support, and upon completion of R2R will seek assistance with housing and employment through the ReEntry program.^[10]

(5) Superior Court Criminal Rule 35 governs motions for modification of sentence.^[11] The purpose of Rule 35(b) is to "provide a reasonable period for the Court to consider alteration of its sentencing judgments."^[12] Under Rule 35(b), the Court may "reduce the . . . term or conditions of partial confinement or probation, at any time."^[13] "The burden is upon the movant...