State v. Christopher

• Court: Superior Court of Delaware
• Decided: April 17, 2023
• Docket: 2109011557 2105014511 1912018570 2005006266
• Status: Published

Opinion

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

STATE OF DELAWARE ) ) v. ) ) I.D. Nos. 2109011557 ) 2105014511 DEANDRE J. CHRISTOPHER, ) 1912028570 ) 2005006266 Defendant. )

ORDER

Submitted: January 30, 2023 Decided: April 17, 2023

AND NOW TO WIT, this 17th day of April 2023, upon consideration of

Deandre J. Christopher (“Defendant”)’s Motion for Modification of Sentence

under Superior Court Criminal Rule 35, the sentence imposed upon the

Defendant, and the record in this case, it appears to the Court that:

1. On December 7, 2021, Defendant pled guilty to Stalking, Non-

Compliance with Bond Conditions (felony), Reckless Endangering Second Degree,

Offensive Touching, and Non-Compliance with Bond Conditions (unclassified).1 On

March 11, 2022, Defendant w as s e nt en c e d to : ( 1 ) f o r S t a lk in g , th r e e

y e a r s at Level V, suspended after nine months, for one year at Level III, with

GPS monitoring; (2) for Non-Compliance with Bond Conditions (felony), two years

at Level V, suspended for one year at Level II, with GPS monitoring; (3) Reckless

1 Crim. I.D. No. 2105014511, D.I. 3. Endangering Second Degree, one year at Level V, suspended after six months, for one

year at Level III, with GPS monitoring; (4) for Offensive Touching, thirty days at Level

V, suspended for one year at Level III, with GPS monitoring; and (5) for Non-

Compliance with Bond Conditions (unclassified), a fine in the amount of $500.00.2

2. On January 20, 2023, Defendant filed a Motion for Modification of

his Sentence asking the Court to remove GPS monitoring.3 In support of his

request, he asserts that removing a GPS monitoring condition will help him to be

able to succeed as a truck driver.4 The Court also received a letter from Jaden

McKinley, Director/CEO of American Driver Training Academy, Inc.,

commending Defendant’s performance in a re-entry program offered by the same

company through DOC. 5

3. The Court acknowledges and commends Defendant’s successful

performance in the transitioning program. Defendant's sentence, however, was

imposed pursuant to a Plea Agreement between the State and Defendant that

included conditions to include GPS monitoring. 6

4. Due to the nature of the charges—including Stalking and Non-

Compliance with Bond Conditions—the sentence was and remains appropriate for

2 Crim. I.D. No. 2105014511, D.I. 4. 3 Crim. I.D. No. 2105014511, D.I. 6. 4 Id. (explaining in detail that removing GPS monitoring will enable Defendant to participate in a six-week training program, drive interstate and intrastate, perform overnight driving assignments, and get new jobs). 5 Id. (attaching the letter from Jaden McKinley). 6 See Crim. I.D. No. 2105014511, D.I. 4. 2 all the reasons stated at the time of sentencing.

IT IS SO ORDERED that the Motion for Modification of Sentence is

DENIED.

/s/ Vivian L. Medinilla Vivian L. Medinilla Judge

oc: Prothonotary cc: Defendant Department of Justice Investigative Services Office