L. MEDINILLA JUDGE.
NOW TO WIT, this 16th day of December 2019, upon
consideration of Kenneth R. Law'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:
January 5, 2009, Defendant pleaded guilty to Manslaughter, a
lesser included offense of Murder First Degree, and
Possession of a Firearm During the Commission of a Felony
("PFDCF"). On April 3, 2009,  Defendant was
sentenced as follows: (1) for the charge of Manslaughter,
Defendant was sentenced to twenty years at Level V, suspended
after twelve years at Level V for six months at a Level V
Halfway House, followed by probation; and (2) for the
PFDCF charge, Defendant received the mandatory minimum three
years at Level V. On March 25, 2019, this Court modified
Defendant's Level IV sentence to be at the discretion of
the Department of Correction ("DOC"). In sum, he
received fifteen years of incarceration followed by two years
at a Level IV Halfway House, subject to DOC discretion, and
transitioning levels of probation.
September 6, 2019, Defendant asked this Court to modify his
sentence under Rule 35(b). Defendant requests for the Court to
vacate his Level IV sentence. In support of his motion,
Defendant states the following grounds for relief: (1)
"Level IV" classification and "transfer"
- Defendant began his Level IV sentence in April 2019, and
was transferred to the Morris Community Corrections Center in
Dover, June 10, 2019; (2) "employment;" - Defendant
"has a job at Capitol Cleaners" in Dover; and (3)
"Defendant has been a positive member of
sentence in Defendant's case 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 he 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.
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 reduction
of his probation.
Although the Court acknowledges and commends Defendant for
obtaining employment, the Court notes that Defendant is
serving the remainder of his placement in Dover - where he is
currently employed. Therefore, this does not form a basis for
relief. 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 sentencing.
IS SO ORDERED that Defendant's Motion for
Modification is DENIED.
 Trial Calendar/Plea Hearing: Pled
Guilty/PSI Ordered, State v. Kenneth Law, Crim. ID
No. 0707003094, D.I. 21 (Del. Super. April 21, 2009)
[hereinafter "Def.'s Plea"].
 Sentencing Calendar: Defendant Sentenced,
State v. Kenneth Law, Crim. ID No. 0707003094, D.I.
32 (Del. Super. April 3, 2009).
 Sentence: ASOP Order, State v. Kenneth
Law, Crim. ID No. 0707003094, D.I. 32 (Del. Super. April