State v. Rodriguez

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

STATE OF DELAWARE, ) ) v. ) ID No: 2311006703 ) JOSEPH RODRIGUEZ, ) ) Defendant. ) Submitted: December 26, 2024 Decided: January 16, 2025 ORDER Upon Consideration of Defendant’s Motion for Sentence Reduction DENIED 1. Defendant, Joseph Rodriguez, filed the instant Motion for Sentence Reduction on December 26, 2024.1 Defendant asks the Court to find that he is experiencing extreme circumstances sufficient to reduce his sentence because his father is in the hospital.2 2. On August 13, 2024, Defendant pled guilty to Strangulation, Assault Third Degree, and Non-Compliance with Bond Conditions.3 In accordance with the plea agreement, Defendant was sentenced on October 25, 2024 with Level V incarceration suspended after one (1) year for eighteen (18) months at Level III probation with GPS Monitoring for Strangulation, thirty (30) days at Level

Docket Item (“D.I.”) 18.

Id. D.I. 17.

V with no subsequent probation for Assault Third Degree, and one (1) year at Level V suspended for one (1) year at Level III probation.4 The confinement sentences were ordered to run consecutively, and the probation sentences were ordered to run concurrently.5 3. Under Superior Court Criminal Rule 35(b), “[t]he court may reduce a sentence of imprisonment on a motion made within 90 days after the sentence is imposed.”6 If the motion is filed later than 90 days after imposition of the sentence, the Court will only consider the motion “in extraordinary circumstances.”7 The Court may consider a sentence reduction motion “without presentation, hearing, or argument.”8 4. Defendant’s sentence was imposed on October 25, 2024, and Defendant filed the instant Motion on December 26, 2024. Therefore, Defendant complies with the 90-day filing period required by Rule 35(b).

5. After reviewing Defendant’s Motion, the entire record of the case, and all sentencing information provided, this Court does not find a sentence modification is appropriate.

Id. Id. Super. Ct. Crim. R. 35(b).

Id. Id. IT IS SO ORDERED that your motion for reduction or modification of sentence is DENIED.

/s/ Francis J. Jones, Jr. Francis J. Jones, Jr., Judge cc: Original to Prothonotary Cassandra Balascak, Deputy Attorney General Joseph Rodriguez, pro se