IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
STATE OF DELAWARE, )
)
v. ) ID No. 0910008675
)
MICHAEL L. WELLS, )
)
Defendant. )
Date Submitted: May 29, 2020
Date Decided: June 3, 2020
ORDER
Upon consideration of Defendant’s Motion for Review of Sentence
(“Motion”), State’s response thereto, Superior Court Criminal Rule 35, statutory and
decisional law, and the record in this case, IT APPEARS THAT:
1. On August 8, 2010, Defendant pled guilty to Robbery First and
Attempted Robbery First Degree.1 By Order dated August 12, 2013, effective
October 12, 2009, Defendant was sentenced as follows: for Robbery First Degree,
IN09-10-1188, 25 years at Level V, suspended after 5 years, for 1 year at supervision
Level IV Halfway House, hold at Level V until space is available at Level IV
Halfway House, followed by 2 years at supervision Level III;2 and for Attempted
1
D.I. 20.
2
D.I. 23. While at Level V, Defendant is to successfully complete Key South Program at Sussex
Correctional Center. The first 3 years of this sentence is a mandatory term of incarceration pursuant
to 11 Del. C. § 832. The Level V portion of this sentence is served without benefit of any form of
early release pursuant to 11 Del. C. § 4204(k).
Robbery First Degree, IN09-10-1189, 25 years at Level V, suspended after 5 years,
for 2 years at supervision Level III.3
2. On April 22, 2020, Defendant filed the instant Motion, asking the Court
to modify his 1 year of Level IV Halfway House (IN09-10-1188) to 1 year at Level
III GPS, or to 6 months at Level IV Home Confinement followed by 6 months Level
III GPS.4 In support of his Motion, Defendant asserts that he is unable to participate
in Work Release while at Level IV Halfway House because Work Release facilities
are closed as a result of COVID-19.5
3. In response, the State does not object to Defendant’s request to modify
the Level IV portion of his sentence to Home Confinement if the Department of
Correction determines that Defendant’s host is appropriate, but, the State does object
to modifying the Level III GPS portion of his sentence at this time. 6
4. Superior Court Criminal Rule 35 governs motions for modification of
sentence. Under Rule 35(b), “[t]he Court may . . . reduce the . . . the term or
conditions of partial confinement or probation, at any time.” 7 Defendant’s Motion
is not time-barred because he seeks to modify the Level IV portion of his sentence. 8
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Id. The first 3 years of this sentence is a mandatory term of incarceration pursuant to 11 Del. C.
§ 832. The Level V portion of this sentence is served without benefit of any form of early release
pursuant to 11 Del. C. § 4204(k).
4
D.I. 43.
5
Id.
6
D.I. 50.
7
Super. Ct. Crim. R. 35(b).
8
D.I. 43.
2
5. Given the State’s response, and because the Court does not know if the
Department of Correction will approve Defendant’s proposed Home Confinement
host, the Court modifies the Level IV portion of Defendant’s sentence in IN09-10-
1188 from Halfway House to “DOC Discretion.” All remaining terms and
conditions of Defendant’s sentence are appropriate for all the reasons stated at the
time of sentencing.
NOW, THEREFORE, IT IS HEREBY ORDERED that Defendant’s
Motion for Review of Sentence is GRANTED IN PART and DENIED IN PART.
Jan R. Jurden
Jan R. Jurden, President Judge
Original to Prothonotary
cc: Michael L. Wells a/k/a Brian Carter (SBI # 0026698)
Matthew Frawley, DAG
Annemarie H. Pruit, DAG
Ross Flockerzie, PDO
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