State v. Brewster

• Court: Superior Court of Delaware
• Decided: November 15, 2024
• Docket: 2210005359
• Status: Published

Opinion

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

STATE OF DELAWARE, ) ) v. ) ID No. 2210005359 ) Ammir Brewster, ) ) Defendant. )

Submitted: August 22, 2024 Decided: November 15, 2024

ORDER

On this 15th day of November, 2024, upon consideration of Defendant Ammir

Brewster’s (“Defendant”) pro se Motion for Sentence Modification (the “Motion”)

made pursuant to Superior Court Rule of Criminal Procedure (“Rule”) 35(b), 1 the

sentence imposed upon Defendant, and the record in this case, it appears to the Court

that:

1. On January 3, 2024, Defendant pled guilty to (1) Possession of a

Firearm During Commission of a Felony; (2) Assault in the Second Degree; (3)

Reckless Endangering in the First Degree; and (4) Conspiracy in the Second

Degree.2 On June 14, 2024, the Court sentenced Defendant to a total of five years

1 D.I. 19 (the Motion). 2 D.I. 15 (Plea Agreement) of unsuspended time at Level V, followed by six months at Level IV, followed by

18 months at Level III. 3

2. On August 22, 2024, Defendant filed this Motion, in which he asked

the Court to reduce his five-year Level V sentence to three years and add an

appropriate amount of community service following his probationary period.4

Defendant requests the modification because (1) he is remorseful for his actions and

plans to volunteer in the community to make amends; (2) he plans to attend Delaware

Technical Community College; (3) his mother, who has perennial health problems,

has to pick up a job when he is in prison; and (4) he has no juvenile record and no

adult criminal history.5

3. When considering a motion for modification of sentence, this Court

addresses any applicable procedural bars before turning to the merits.6 This Motion

is Defendant’s first motion for modification of sentence, so it is not barred as a

3 D.I. 18 (Sentence Order). Defendant received the following sentence: (1) Possession of a Firearm During Commission of a Felony, three years of Level V supervision with credit for 12 days served; (2) Assault in the Second Degree, two years of Level V supervision; (3) Reckless Endangering in the First Degree, one year of Level V supervision, suspended immediately for 18 months of Level III probation; and (4) Conspiracy in the Second Degree, two years of Level V supervision, suspended immediately for two years of Level IV supervision, suspended after six months for 18 months of Level III. See id. 4 D.I. 19. 5 See id. 6 State v. Redden, 111 A.3d 602, 606 (Del. Super. 2015). 2 repetitive request. 7 It is also filed within the 90-day limit for modification of

imprisonment sentence. 8 The Motion is thus procedurally proper.

4. Defendant’s Motion nonetheless fails on the merits. The Court

properly imposed the Level V sentence after a thorough review of the crimes that

Defendant committed as well as Defendant’s criminal history. Although the Court

recognizes the rehabilitative efforts Defendant made while incarcerated and his

desire to pursue higher education, those do not provide a valid basis to modify or

amend his sentence.9

5. Defendant’s sentence is appropriate for all the reasons stated at

sentencing. Accordingly, Defendant’s Motion for Sentence Modification is hereby

DENIED.

IT IS SO ORDERED.

Sheldon K. Rennie, Judge

Original to Prothonotary

Cc: Ammir Brewster (SBI#00991817)

7 See Gladden v. State, 2020 WL 773290, at *2 (Del. Feb. 17, 2020) (“The Superior Court will not consider repetitive motions for sentence reduction.”). 8 Super. Ct. Crim. R. 35(b). 9 See State v. Weidow, 2015 WL 1142583, at *2 (Del. Super. Mar. 11, 2015) (“However, remorse and positive behavior while incarcerated are not bas[es] to modify or reduce a sentence that was appropriate at the time of sentencing.”). 3