L. Medinilla Judge
NOW TO WIT, this 9th day of December
2019, upon consideration of Defendant Paul Sullivan's
("Defendant") Motion for Modification of Sentence,
the sentence imposed upon Defendant, and the record in this
case, it appears to the Court:
March 21, 2019, Defendant pleaded guilty to Assault First
Degree (Class B Violent Felony). After an appropriate
colloquy, this Court addressed Defendant in open court
pursuant to Superior Court Criminal Rule 11(c)(1) and
determined that he understood the nature of the charge to
which the plea was offered, the mandatory minimum penalty
provided by law and the maximum statutory
penalties. Defendant fully acknowledged in open court
the range of possible penalties for his crimes. The plea
agreement, signed by both the State and Defendant, indicated
that Defendant understood "that he [was] subject to a 2
year minimum mandatory sentence on the Assault First Degree
Charge [and that] [t]he State agree[d] to cap its Level 5
recommendation at three years." Defendant
had previously participated in the Mental Health Court. Thus,
this Court ordered a limited PSI and represented to Defendant
that sentencing before the Court would take place on another
Instead, on June 28, 2019, another judicial officer sentenced
Defendant to twenty-five years at Level V, suspended
after four years at Level V, for ten years at Level
IV, suspended after six months at Level IV, for eighteen
months at Level III. In sum, he received four years of
incarceration followed by transitioning levels of probation.
September 20, 2019, Defendant asked this Court to reduce his
Level V sentence under Rule 35(b). He seeks to have his Level V
sentence reduced the minimum mandatory two
years. In support of his Motion, Defendant states
several grounds for relief.
Under Superior Court Criminal Rule 35(b), the Court may
reduce a sentence of imprisonment on a motion made within
ninety days after the sentence is imposed. "Rule 35(b)
allows for a reduction of sentence without regard to the
existence of a legal defect." Thus, relief under Rule
35(b) is within the sound discretion of the sentencing
court. Accordingly, a timely and non-repetitive
Rule 35(b) motion is "essentially a 'plea for
leniency.'" Therefore, where Defendant's motion
is not time barred and is non-repetitive, it is considered a
plea for leniency.
Defendant appeared before this Court as planned, the Court
would have imposed the same sentence, except it would have
followed the recommended cap of three years of Level V.
Therefore, Defendant's sentence is reduced to twenty-five
years at Level V, suspended after three years, for ten years
at Level IV, suspended after six months at Level IV, for
eighteen months at Level III. All previous terms and
conditions remain unchanged.
IS SO ORDERED that Defendant's Motion for
Modification of Sentence is GRANTED, in
 Final Case Review: Pled Guilty.
Limited PSI Ordered, State of Delaware v. Paul C.
Sullivan, Crim. ID No. 1808004521, D.I. 11 (Mar. 21,
2019) [hereinafter "Final Case Review"].
 See Final Case
 See id.
 Sentence: ASOP Order Signed By Judge
Clarke-Streett, State of Delaware v. Paul C.
Sullivan, Crim. ID No. 1808004521, D.I. 21 (June 28,
2019). The judicial officers conferred and agreed that the