State v. Sculley, ID. 2010014313

CourtSuperior Court of Delaware
Writing for the CourtJan R. Jurden, President Judge
PartiesSTATE OF DELAWARE, v. BRENTON C. SCULLEY, Defendant.
Docket NumberID. 2010014313
Decision Date17 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...

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