STATE v. CROSBY, IN92-12-001 (Del.Supr. 2-18-2000)

STATE OF DELAWARE v. ARCHIE B. CROSBY.

Cr.A. No. IN92-12-001, ID: 30203727DI.Superior Court of Delaware, New Castle County.
Decided: February 18, 2000.

HERLIHY, Judge.

ORDER
This 18th day of February, 2000, upon consideration of defendant’s motion for reduction/modification of sentence, the presentence report/prior record, and the sentence imposed upon the defendant;

NOW, THEREFORE, IT IS ORDERED that defendant’s motion for reduction/modification of sentence is DENIED for the following reason(s):

[ ] The sentence in this case was imposed pursuant to a Plea Agreement between the State and the defendant and signed by the defendant. Superior Court Criminal Rule 11(e)(1)(c). [ ] The motion was filed more than 90 days after imposition of the sentence and is, therefore, time-barred. The Court does not find the existence of any extraordinary circumstances. [ ] Pursuant to Superior Court Criminal Rule 35(b), the court will not consider repetitive requests for reduction or modification of sentence. [ ] The sentence imposed is mandatory and cannot be reduced or suspended. [ ] The sentence was imposed after a violation-of-probation hearing was held, and the Court determined the defendant had violated the terms of his probation. The defendant is not amenable to probation at this time. [ ] 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 warrant a reduction or modification of this sentence. [X] Other: The defendant violated his probation on September 1998 while on probation on the above charge. VOP sentence order of 4/16/99 is corrected to delete CrA. IN92-06-0225-01 as the probationary period on that charge had expired.