State v. Piatt, Jr. ( 2023 )

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
STATE OF DELAWARE, )
)
)
v. ) I.D. Nos. 1709013589
) 1709013834
) 1709013763
WILLIAM H. PIATT JR., ) 1708022756
)
Defendant. )
ORDER
Submitted: June 13, 2023
Decided: August 9, 2023
AND NOW TO WIT, this 9th day of August, 2023, upon consideration of
William H. Piatt Jr.’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:
1. On March 19, 2018, Defendant pled guilty to three counts of Robbery
First Degree, Attempted Robbery Second Degree, and Theft Over $1,500.1 On June
22, 2018, Defendant was sentenced to a total of eighty-two years at Level V,
suspended after ten years, followed by transitioning levels of probation.2 This
1
Crim ID No. 1709013589, D.I. 7.
2
As to the three counts of Robbery First Degree, Defendant received three sentences of twenty-
five years at Level V, suspended after three years at Level V, for six months at Level IV DOC
included a minimum mandatory sentence of nine years for each count of Robbery
First Degree.3
2. This Court has previously denied Defendant’s requests for reduction of
his Level V sentence, wherein he requested that his Robbery First Degree sentences
be permitted to run concurrently, and to substitute his prison sentence with Key
programming. 4
3. On June 2, 2023, Defendant filed this Motion,5 again asking for a
reduction of his Level V sentence. 6 In support, he explains that he achieved many
goals while incarcerated, including earning his high school diploma, the completion
of numerous programs, and that he continues to improve himself. 7
4. Although Defendant does not specifically cite to Superior Court
Criminal Rule 35(b), “[t]here is no separate procedure, other than that which is
provided under Superior Court Criminal Rule 35, to reduce or modify a sentence.”8
The Court, therefore, considers this request under Superior Court Criminal Rule
Discretion (sentenced for the first count only), followed by two years at Level III. As to Robbery
Second Degree, Defendant received five years at Level V, suspended after one year at Level V,
for two years at Level III. As to Theft Over $1,500, Defendant received two years at Level V,
suspended for one year at Level III. Defendant’s probation is to be served concurrently. Crim ID
No. 1709013589, D.I. 20.
3
Crim ID No. 1709013589, D.I. 20.
4
Crim ID No. 1709013589, D.I. 22, D.I. 24.
5
Crim ID No. 1709013589, D.I. 26.
6
Id.
7
Id.
8
Jones v. State, 825 A.2d 238, 2003 WL 21210348, at *1 (Del. May 22, 2003) (Table).
2
35(b). For reasons previously stated, although the Court has wide discretion to
reduce a sentence upon a timely Rule 35(b) application, which this is not, the Court
has no authority to reduce or suspend the mandatory portion of any substantive
minimum sentence.9
5. Further, “[t]he court will not consider repetitive requests for reduction
of sentence.”10 Defendant’s request is again barred as repetitive. Rule 35 does not
allow the Court to use its discretion to ignore this bar.11
IT IS SO ORDERED that Defendant’s Motion for Modification is
SUMMARILY DISMISSED.
/s/ Vivian L. Medinilla
Vivian L. Medinilla
Judge
oc: Prothonotary
cc: Department of Justice
Investigative Services
Defendant
9
State v. Sturgis, 947 A.2d 1087, 1092 (Del. 2008) (“Superior Court Rule of Criminal Procedure
35(b) provides no authority for a reduction or suspension of the mandatory portion of a
substantive statutory minimum sentence.”) (emphasis in original).
10
Del. Super. Ct. Crim. R. 35(b).
11
State v. Culp, 152 A.3d 141, 144 (Del. 2016). (reversing the Superior Court's decision to grant
the defendant's motion for modification where the motion was repetitive and untimely).
3