IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
STATE OF DELAWARE, )
)
v. ) I.D. No. 1304013732
)
JESSIE THOMAS, )
)
Defendant. )
Date Submitted: December 8, 2020
Date Decided: February 1, 2021
ORDER
Upon consideration of Defendant’s Motion for Modification of Sentence (the
“Motion”),1 Superior Court Criminal Rule 35, statutory and decisional law, and the
record in this case, IT APPEARS THAT:
1. On February 27, 2014, a jury convicted Defendant of Possession of a
Firearm by a Person Prohibited (“PFBPP”), Carrying a Concealed Deadly Weapon
(“CCDW”), and Possession of Ammunition by a Person Prohibited (“PABPP”).2
2. On August 28, 2014, the Court sentenced Defendant as follows: for
PFBPP, 5 years at Level V; for CCDW, 8 years at Level V, suspended after 1 year
at Level V, for 6 months at Level IV (DOC Discretion), followed by 18 months at
Level III, hold at Level V until space is available at Level IV (DOC Discretion); and
1
D.I. 61.
2
D.I. 32.
for PABPP, 8 years at Level V, suspended for 1 year at Level III.3 The Supreme
Court affirmed Defendant’s conviction on May 8, 2015.4
3. On May 29, 2015, Defendant filed a Motion for Postconviction Relief,
which the Court denied on September 8, 2015.5 On February 22, 2016, Defendant
filed a second Motion for Postconviction Relief, which the Court summarily
dismissed on May 3, 2016.6 The Supreme Court affirmed this decision on November
7, 2016.7
4. On December 8, 2020, Defendant filed the instant Motion for
Modification of Sentence.8 In his Motion, Defendant claims that the prison officials
and medical staff at Howard R. Young Correctional Institute are mismanaging the
spread of COVID-19 in the prison.9 Defendant also writes that he himself has tested
positive for COVID-19 and is not receiving adequate medical attention.10 Defendant
understands that he will begin serving the one-year Level V portion of his CCDW
sentence in April 2021.11 He asks the Court to modify that portion of his sentence
to Level IV (Home Confinement).12
3
D.I. 35.
4
See generally Thomas v. State, 2015 WL 2169288 (Del. May 8, 2015).
5
D.I. 45, 48.
6
D.I. 49, 52.
7
See generally Thomas v. State, 2016 WL 6609166 (Del. Nov. 7, 2016).
8
D.I. 61.
9
Id.
10
Id.
11
Id.
12
Id.
2
5. Superior Court Criminal Rule 35(b) governs the modification and
reduction of sentences.13 Pursuant to Rule 35(b), a motion to modify a sentence of
imprisonment must be filed no later than 90 days after the sentence is imposed.14
The Court may consider an untimely motion only if the defendant shows
“extraordinary circumstances” or the Department of Correction (“DOC”) files an
application for good cause shown pursuant to 11 Del. C. § 4217.15
6. Here, Defendant’s Motion is time barred. Defendant was sentenced on
August 28, 2014, and Defendant filed the instant Motion on December 8, 2020. The
DOC has not filed an application for good cause shown, so Defendant cannot avail
himself of that exception. In addition, Defendant has not shown “extraordinary
circumstances” that would warrant modifying his sentence. The Delaware Supreme
Court has concluded that the argument “that a diagnosis of COVID-19 establishes
extraordinary circumstances” is “without merit.”16 If Defendant believes that his
“specific individual medical condition warrant[s] sentence modification, an
application by DOC under § 4217 is the proper vehicle to deliver such relief.”17
13
Super. Ct. Crim. R. 35(b).
14
Id.
15
Id.
16
Williams v. State, 2020 WL 7311325, at *1 (Del. Dec. 10, 2020) (citation omitted).
17
Id. (citing Johnson v. State, 2020 WL 5626231, at *2 (Del. Sept. 18, 2020)).
3
7. The Court finds that Defendant’s sentence is appropriate for all of the
reasons stated at the time of sentencing. No additional information has been
provided to the Court that would warrant a modification of Defendant’s sentence.
NOW, THEREFORE, IT IS ORDERED that Defendant’s Motion for
Modification of Sentence is DENIED.
Jan R. Jurden
Jan R. Jurden, President Judge
Original to Prothonotary
cc: Jessie Thomas (SBI# 00476241)
A.J. Roop (DAG)
4
State v. Thomas
Combined Opinion