Opinion
ID 2010012553
10-02-2023
STATE OF DELAWARE, v. DAHMERE WHITE, Defendant.
Date Submitted: August 29, 2023
ORDER
Jan R. Jurden, President Judge
Upon consideration of Defendant Dahmere White's Motion, Superior Court Criminal Rule 35(b), statutory and decisional law, and the record in this case, IT APPEARS THAT:
D.I. 38.
(1) On August 22, 2022, White pled guilty to Possession of a Firearm by a Person Prohibited ("PFBPP") (IN21-12-0973) and Gang Participation (IN21 0969). The same day, the Court sentenced White to a total of five years of unsuspended Level V time, effective October 27, 2020. (2) White filed a Motion for Modification of Sentence on November 14, 2022. The Court denied the Motion, holding it cannot modify minimum mandatory sentences and the sentence remained appropriate for all the reasons stated at the time of sentencing.
D.I. 32.
D.I. 33. White's sentence is as follows: for PFBPP, 15 years at Level V, suspended after 5 years for decreasing levels of supervision; and for Gang Participation, 3 years at Level V, suspended for 18 months at Level III. Probation for the offenses is to run concurrently with any probation White is already serving. The first five years of White's PFBPP sentence are mandatory pursuant to 11 Del. C. § 1448(e)(1)b. Id.
D.I. 34.
D.I. 35. See 11 Del. C. § 4205(d); 11 Del C.§ 1448(e)(1).
(3) In a Letter Motion filed on July 3, 2023, White again sought a modification, specifically asking for "compassionate release" due to his mother's death, which left his son without a caregiver. The Court denied the Motion under Rule 35(b) on August 29, 2023 as untimely and insufficient to warrant the modification sought.
D.I. 36. White's circumstances do not fall within the scope of the statutes addressing sentence modification due to medical needs. See 11 Del. C. § 4217 (allowing a mechanism for sentence modification upon application of the Department of Correction where good cause exists, such as serious medical illness or infirmity); see also 11 Del. C. § 4346 (eligibility for parole).
D.I. 37.
(4) On August 28, 2023, White submitted another Motion for Modification of Sentence, asking again for compassionate release (his third motion for modification). The basis for his latest request is the same as his July 3 Letter Motion.
D.I. 38.
Id.
(5) Superior Court Criminal Rule 35(b) governs motions for modification of sentence. "Under Rule 35(b), a motion for sentence modification must be filed within 90 days of sentencing, absent a showing of 'extraordinary circumstances,'"and the Court will consider untimely motions "only in extraordinary circumstances or pursuant to 11 Del. C. § 4217." Furthermore, under Rule 35(b), "[t]he [C]ourt will not consider repetitive requests for reduction of sentence." The repetitive bar "is absolute and flatly 'prohibits repetitive requests for reduction of sentence.'"
Super. Ct. Crim. R. 35(b).
Croll v. State, 2020 WL 1909193, at *1 (Del. Apr. 17, 2020) (TABLE) (affirming the Superior Court's denial of a motion for modification of sentence where the motion was repetitive and filed beyond the 90-day limit).
Id.
Id.
State v. Redden, 111 A.3d 602, 609 (Del. Super. 2015) (quoting Thomas v. State, 2002 WL 31681804, at *1 (Del. Nov. 25, 2002)).
(6) White was sentenced on August 22, 2022, far beyond the 90-day deadline, and he fails to establish extraordinary circumstances. As explained in the Court's August 28, 2023 Order, White's recent loss of his mother is insufficient to overcome the high bar of establishing extraordinary circumstances.
D.I. 37. See State v. Redden, 111 A.3d 602, 607 (Del. Super. 2015) (explaining that extraordinary circumstances must specifically justify the delay, be beyond the movant's control, and be the reason the movant was prevented from timely filing) (emphasis added).
(7) White's third Motion is repetitive and barred under Rule 35(b). NOW, THEREFORE, IT IS HEREBY ORDERED that White's Motion for Sentence Modification is DENIED
D.I. 35, 37; see Super. Ct. Crim. R. 35(b).