State v. Baker

• Court: Superior Court of Delaware
• Decided: June 30, 2017
• Docket: 1403009360
• Status: Published

Opinion

SUPERIOR COURT oFTHE

STATE OF DELAWARE

WIl_l_lAM L. WlTHAM, JR. KENT couNTY couRTHousE REleENTJuDGE 38 THE GREEN June 30, 2017 DovER, DEL.AWARE 19901

TELEPHONE (302) 739-5332

Suzanne Macpherson-Johnson, Esquire J’Aime L. Walker, Esquire

Office of Defense Services

45 The Green

Dover, Delaware 19901

Jason Cohee, Esquire Nicole S. Hartman, Esquire Department of Justice

102 West Water Street Dover, Delaware 19904

Re: State v. Jamie L. Baker Case No. 1403009360 Letter Order On Motion T 0 Enlarge the T ime for Filing a Motion for Rea'uction of Sentence

Dear Counsel:

Defendant Jamie L. Baker (“B aker”) Was sentenced by this Court after pleading guilty to one count of Murder Second Degree. She did so in exchange for dismissal of the remaining charges and the ordering of a Presentence investigation

Her sentencing occurred in March of 2017. Baker Was sentenced to 50 years, suspended after 40 years at Level V, With declining levels of supervision and intensive probation.1

Baker did not file a direct appeal from her conviction or sentence. On June 7, 2017, she filed a Motion to Enlarge the Time for Filing a Motion for Reduction of Sentence, through counsel. This motion is opposed by the State. Essentially, she is not seeking a reduction in the sentence noW. She believes that by taking advantage

1 Sentencing Order, State v. Baker, ID 1403009360 (Del. Super. Ct., Mar. 30, 2017).

State v. Jamie L. Baker Case No. 1403009360 June 30, 2017

of the rehabilitation programs offered to her by the Court and Department of Correction and completing them successliilly, she may Wish to file such a motion in the future. She, of course, must prove that she has been rehabilitated and completed the mandatory portion of her sentence. The timing will require her to do so Well beyond the 90 days required by Superior Court Criminal Rule 35 (b).

The State asserts that Rule 35(b) Will only allow an extension in the case of an appeal or in the event of extraordinary circumstances or pursuant to other means.2

Given that the request is for this Court to enlarge the time for potential action under Rule 35(b) for an indefinite period of time, l find that the Court cannot do so. As stated in State v. Tollis, 126 A.3d lll7 (Del. Super. Ct. 2016), “[t]he Court’s inherent authority over its sentencing judgments, however, is not a ready path for circumnavigating this Court’s procedural rules governing sentence reduction.” It does not appear that the sentencing judge expressly reserved the authority to modify the sentence except for reserving the right to add restitution in the i"uture.3

Thus, the Motion must be and is DENIED. IT IS SO ORDERED.

/%/Mzkz

Hon. William L. Witham, Jr. Resident Judge

WLW/dmh

oc: Prothonotary

xc: Suzanne Macpherson-Johnson, Esquire J’Aime L. Walker, Esquire Jason Cohee, Esquire Nicole S. Hartman, Esquire

2 “Other means” Would presumably mean pursuant to ll Del. C. § 4217.

3 See Sentencing Order.