State v. Brown

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

STATE OF DELAWARE, )
)
v. ) ID No. 0902005408
)
ANTHONY L BROWN, )
)
Defendant. )
)

Date Submitted: July 16, 2024
Date Decided: October 1, 2024

ORDER

Upon consideration of Defendant Anthony Brown’s (“Brown”) fourth Motion

for Sentence Modification,1 Delaware Superior Court Criminal Rule 35(b),2

statutory and decisional law, and the record, IT APPEARS THAT:

(1) On November 4, 2009, Brown pled guilty to Robbery First Degree

(IN09-02-1281), PFDCF (IN09-02-1288), Robbery First Degree (IN09-02-1282),

and Burglary First Degree (IN09-02-1287).3 By Order dated January 22, 2010,

effective January 22, 2010, the Court sentenced Brown as follows: for Robbery First

Degree, 5 years at Level V;4 for PFDCF, 3 years at Level V;5 for Robbery First

Degree, 5 years at Level V; and for Burglary First Degree, 4 years at Level V,

1
D.I. 58.
2
Del. Super. Ct. Crim. R. 35(b).
3
D.I. 26.
4
This sentence was ordered as consecutive to any sentence now serving.
5
All time imposed is mandatory/no good time according to 11 Del. C. 1447A.
suspended after 2 years at Level V for 2 years at Level IV work release or home

confinement, suspended after 6 months at Level IV for 18 months at Level III.6

(2) On March 24, 2020, Brown filed his first Motion for Sentence

Modification to request the remainder of his Level V sentence be suspended for 6

months Level IV Work Release or Home Confinement followed by 18 months at

Level III.7 By Order dated September 25, 2020, the Court denied the Motion.8

(3) On December 15, 2020, Brown filed his second Motion for Sentence

Modification requesting his sentence be reviewed.9 By Order dated March 26, 2021,

the Court modified Brown’s Level IV to DOC Discretion in light of the limitations

on programming at Level IV due to the Pandemic.10

(4) On April 26, 2021, Brown filed his third Motion for Sentence

Modification requesting a “change in environment.”11 By Letter dated August 5,

2021, the Court denied the Motion.12

(5) On July 2, 2024, Brown filed the instant Motion for Sentence

Modification (“Motion”) asking the Court to modify his Level IV sentence for

6
D.I. 42.
7
D.I. 49. The Motion is a request for a reduction of Level V time only.
8
D.I. 50. The Motion was denied because the Level V time that the Court imposed was a minimum
mandatory sentence.
9
D.I. 51.
10
D.I. 52; D.I. 53.
11
D.I. 54.
12
D.I. 55. The Motion was denied because the Level V time that the Court imposed was a
minimum mandatory sentence.
2
Burglary First Degree.13 Brown claims that he is not eligible for early work release

because of the amount of Level IV time imposed by his sentence.14

(6) Delaware Superior Court Criminal Rule 35(b) governs motions for

modification of sentence.15 The purpose of Rule 35(b) is to “provide a reasonable

period for the Court to consider alteration of its sentencing judgments.”16 Rule 35(b)

contains procedural bars for timeliness and repetitiveness.17 Under Rule 35(b), the

“[C]ourt will not consider repetitive requests for reduction of sentence.”18 The

repetitive motion bar is applicable even when the request is for reduction or

modification of a term of partial confinement or probation.19

(7) Because this is his fourth motion for sentence modification, Brown’s

Motion is procedurally barred as repetitive.20

(8) The sentence is appropriate for all the reasons stated at the time of

sentencing. No additional information has been provided to the Court which would

13
D.I. 57. The Court has previously informed Brown that the case number he references in his
Motion is incorrect. See D.I. 59. Brown requests his “12 months lvl 4,” sentence be modified. But
the Court did not order 12 months at level IV, it ordered 2 years at Level IV, suspended after 6
months at Level IV. See D.I. 53.
14
D.I. 57. Brown states his counselor Mrs. Faison told him that inmates sentenced to 12 months
or more of Level IV, following their Level V time, are not eligible for work release.
15
Del. Super. Ct. Crim. R. 35(b).
16
State v. Remedio, 108 A.3d 326, 331 (Del. Super. 2014).
17
Del. Super. Ct. Crim. R. 35(b).
18
Id.
19
State v. White, 2018 WL 3545505, at *1 (Del. Super. Ct. July 23, 2018); See also Teat v. State,
31 A.3d 77 (Del. 2011) (The Supreme Court of Delaware affirmed the denial of a motion seeking
modification of partial confinement on the grounds that the motion was repetitive.).
20
See supra ¶¶ 2-4.
3
warrant a reduction or modification of this sentence.

NOW, THEREFORE, IT IS HEREBY ORDERED that Brown’s fourth

Motion for Sentence Modification is DENIED.

IT IS SO ORDERED.

/s/ Jan R. Jurden
Jan R. Jurden, President Judge

cc: Original to Prothonotary
Matthew B Frawley, Esq.
Anthony L Brown (SBI # 00286636)

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