L. Medinilla Judge
NOW TO WIT, this 5th day of November
2019, upon consideration of Defendant Tony Clark's
("Defendant") Motion for Modification of Sentence,
the sentence imposed upon Defendant, and the record in this
case, it appears to the Court:
June 8, 2012, Defendant was sentenced for Robbery First
Degree, Possession of a Deadly Weapon during the Commission
of a Felony, and Theft.Defendant received fifteen years at
Level V, suspended after six years at Level V Key, for
transitioning levels of supervision between Level IV Crest
and Level III Crest Aftercare. For the Firearm charge, Defendant
received a consecutive sentence of four years at Level
For the Theft charge, Defendant received one year at Level V,
suspended for one year at Level III. In sum, he received eleven
years of incarceration followed by transitioning levels of
Defendant has made numerous requests to J. Parkins to reduce
or modify his Level V sentence. Superior Court Criminal Rule
35(b) provides that "[t]he court will not
consider repetitive requests for reduction of
sentence." Unlike the ninety-day jurisdictional limit
with its "extraordinary circumstances" exception,
the bar to repetitive motions has no exception. J. Parkins
denied his requests in 2012, 2014 and 2017.
August 26, 2019, Defendant asked this Court to modify his
Level IV and Level III sentence under Rule
35(b). Defendant's sentence called for
Defendant to complete Level IV Crest, and spend the remainder
of his sentence at Level III Crest Aftercare. Defendant
requests for the Court to modify his Level IV and Level III
sentences to six months at Level IV Work Release followed by
one year Level III (Hope Commission). In support of his Motion,
Defendant states the following grounds for relief: (1)
"re-entry" - Defendant believes that the period of
work release offered by Crest is insufficient to
"save" money, (2) "work ethic" -Defendant
contends that this modification will allow him to build work
ethic and "healthy relations with people," and (3)
"finance" - Defendant argues that six months of
work release will "help [him] pay off all [his] fines,
and give [him] the opportunity to secure [his] own bank
account, and . . . housing."
Under Superior Court Criminal Rule 35(b), "[t]he Court
may... reduce the . . . term or conditions of partial
confinement or probation, at any time."Defendant is
not time-barred because he does not seek to modify or reduce
his Level V sentence, but rather requests a modification of
Court acknowledges that the Defendant has admitted that his
past substance abuse problems contributed to his involvement
with the criminal justice system. However, the Court
highlights that when administering Defendant's sentence,
J. Parkins specifically sought this route of
treatment for Defendant, including Key, Crest, and Crest
After Care based on Defendant's history.
additional information has been provided to the Court that
would warrant a modification of this sentence. As such, the
sentence is appropriate for all the reasons stated at the
time of sentencing.
SO ORDERED that Defendant's Motion for Modification of
Sentence is DENIED.
Case Review Calendar Pled Guilty PSI
Ordered/ Sentencing: 05/11/2012, State of Delaware v.
Tony L. Clark, Crim. ID No. 1110018073, D.I. 7 (Feb. 13,
Sentence: Corrected ASOP Order,
State of Delaware v. Tony L. Clark, Crim. ID No.
1110018073, D.I. 10 ...