L. Medinilla Judge.
NOW TO WIT, this 15th day of January
2020, upon consideration of Alex S. Kapp'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:
February 20, 2019, Defendant pleaded guilty to two counts of
Burglary Second Degree (Class D Felony). On August 30,
2019, Defendant was sentenced to two consecutive Level V
sentences requiring the successful completion of Level V Key
and one year at Level V, followed by six months at Level IV
Crest, held at Level V until space is available, and two
years at Level III TASC. This includes a minimum mandatory
sentence of two years - one-year minimum mandatory for each
count of Burglary Second Degree.
October 2, 2019, Defendant filed this request under Superior
Court Criminal Rule 35(b) to modify his Level IV
sentence. Defendant requests that this Court modify
his sentence of six months at Level IV Crest, to four months
of Home Confinement and to be held at Level
In support of his motion, Defendant states the following
grounds for relief: (1) "Employment" (2)
"Detainer in Pennsylvania" - Defendant indicates
that he "will be extradited immediately after completing
[his Level V] Key [sentence]" to be held in PA; and (3)
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 modification of his
Level IV time.
Where the Department of Correction (DOC) has requested that
courts refrain from sentencing defendants to specific
treatment programs within DOC, the Court defers to DOC to
determine the appropriateness of the Level IV Crest sentence.
The sentence is modified to six months at Level IV DOC
Discretion, whereby DOC may determine the appropriate
placement. The remainder of Defendant's sentence is
appropriate for all the reasons stated at the time of
IS SO ORDERED that Defendant's Motion for
Modification is GRANTED, in part and
DENIED, in part.
 Case Review Plea Hearing: Pled Guilty/
Presentence, State of Delaware v. Alex S. Kapp,
Crim. Id. No. 1901000746, D.I. 4, (Del. Super. Ct.
Feb. 20, 2019) [hereinafter "Def.'s
 Sentencing Calendar: Defendant
Sentences, State of Delaware v. Alex S. Kapp, Crim.
Id. No. 1901000746, D.I. 7, (Del. Super. Ct. Aug.
 For the first count of Burglary Second
Degree, Defendant received eight years at Level V Key,
suspended after successful completion, for seven years at
Level IV Crest, suspended after six months at Level IV Crest,
for two years at Level III TASC, held at Level V until spaced
is available at Level IV Crest. For the second count of
Burglary Second Degree, Defendant received eight years at
Level V, suspended after one year at Level V, for two years
at Level III, probation to serve concurrently. See