L. Medinilla Judge.
NOW TO WIT, this 15th day of November
2019, upon consideration of Defendant Kaishira J.
Burton's ("Defendant") Motion for Modification
of Sentence, the sentence imposed upon the Defendant, and the
record in this case, it appears to the Court that:
May 20, 2019, Defendant pleaded guilty to two counts of Drug
Dealing. On May 20, 2019, for the first Drug
Dealing charge, Defendant was sentenced to eight years at
Level V, suspended after two years at Level V, for
transitioning levels of supervision between Level IV Crest
and Level III Crest Aftercare. For the second Drug Dealing
charge, Defendant was sentenced to fifteen years at Level V,
suspended for eighteen months at Level III
probation. Defendant's sentence calls for Level V
time to run consecutively and probation to run concurrently.
In sum, she received two years of incarceration followed by
transitioning levels of probation in relation to Crest and
Crest Aftercare programs.
August 20, 2019, Defendant asked this Court to modify her
sentence. Defendant's sentence calls for
Defendant to complete Level IV Crest, and spend eighteen
months at Level III Crest Aftercare. Defendant requests for
the Court to modify her Level IV sentence from Level IV Crest
to Level IV Work Release. In support of her motion, Defendant
states the following grounds for relief: (1) Defendant has
"taken time to reflect on [her] actions . . . .[;]"
(2) Defendant has taken responsibility for her actions; (3)
Defendant has "taken the necessary steps to work on
obtaining [her] GED and/or high school diploma[;]" and
(4) Defendant has "contacted [her] previous employer who
is willing to accept [her] as soon as [she] is able to
Defendant does not specifically cite to Superior Court
Criminal Rule 35(b) in her motion. But throughout her letter,
she does ask the Court to "remove" portions of her
sentence. Generally, "[t]here is no separate procedure,
other than that which is provided under Superior Court
Criminal Rule 35, to reduce or modify a
sentence." 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 she
does not seek to modify or reduce her Level V sentence, but
rather requests a reduction of her probation.
Defendant's sentence was imposed pursuant to a Plea
Agreement between the State and Defendant. After an
appropriate colloquy, the Court addressed Defendant in open
court pursuant to Superior Court Criminal Rule 11(c)(1) and
determined that she understood the nature of the charge to
which the plea was offered. Defendant fully acknowledged in
open court that the range of possible penalties included the
sentence that was imposed by the Court in this case.
Court commends Defendant for her efforts toward obtaining her
G.E.D. and preparing to return to the community. However,
this Court specifically sought this route of
treatment for Defendant, including Crest and Crest Aftercare
based on Defendant's history. No additional information
has been provided to the Court that would warrant a
modification of this sentence. As such, the sentence was and
remains appropriate for all the reasons stated at the time of
SO ORDERED that Defendant's Motion for Modification of
Sentence is DENIED.
 Final Case Review: Defendant
Guilty/Sentenced, State of Delaware v. Kaishira J.
Burton, Crim. ID No. 1811015215, D.I. 17 (Del. Super.
May 20, 2019) (Count 1: Drug Dealing Heroin (Class D felony),
Count 2: Drug Dealing Heroin (Class C felony).
 Sentence: ASOP Order Signed and Filed
on 05/21/2019, State of Delaware v. Kaishira J.
Burton, Crim. ID No. 1811015215, D.I. 18 (Del. Super.
May 20, 2019).
 Motion for Modification of Sentence
(Letter) Filed Pro Se, State of Delaware v. Kaishira J.
Burton, Crim. ID No. 1811015215, D.I. 19 (Del. Super.
Aug. 20, 2019) [hereinafter ...