State v. Colder

• Court: Superior Court of Delaware
• Decided: July 12, 2023
• Docket: 2202013369
• Status: Published

Opinion

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

STATE OF DELAWARE, ) ) v. ) ID No.: 2202013369 ) AMIR COLDER, ) ) Defendant. )

ORDER

This 12th day of July, 2023, upon consideration of Defendant, Amir Colder’s

(“Defendant”), Motions for Sentence Modification (the “Motions”),1 the sentence

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

1. On April 10, 2023, Defendant pled guilty to Possession of a Controlled

Substance and was sentenced to 15 years at Level V, suspended after 18 months, for

six months at Level IV Home Confinement, followed by one year at Level III

probation.2 The sentencing order also specifies that Defendant be held at Level V at

the termination of the Level V portion of his sentence until space becomes available

at Level IV Home Confinement.3

1 D.I. 25, Pro Se Request for Sentence Modification, May 31, 2023; D.I. 26, Motion for Modification/Review of Sentence, June 12, 2023. 2 D.I. 24. 3 Id. 2. On May 31, 2023, Defendant filed a pro se Request for Sentence

Modification.4 On June 12, 2023, with the assistance of counsel, Defendant filed a

Motion for Modification/Review of Sentence.5 In the Motions, Defendant disagrees

with the decision of the Department of Corrections ("DOC") to transfer him to Level

IV Work Release prior to the termination of his Level V period of incarceration

because a work release program was not contemplated by the parties nor included in

Defendant's sentencing order.6 Thus, Defendant argues that the remainder of his

Level V sentence should be reduced so that he may immediately begin his period of

Level IV Home Confinement to accurately reflect the intent of the parties.7

3. On July 10, 2023, Defendant completed the Level V portion of his sentence

per current Delaware Judicial Information System records. As of this date,

Defendant is being held at Level V, in accordance with the sentencing order, until

space becomes available at Level IV Home Confinement.

4. Because the Level V portion of Defendant's sentence has already expired,

the Court cannot issue an order that would further reduce that sentence. Hence, the

Court will defer to the discretion of the DOC with regard to the placement of

Defendant while he is held awaiting Level IV Home Confinement.

4 D.I. 25. 5 D.I. 26. 6 D.I. 26 at 2. 7 Id. 2 For the foregoing reasons, the Defendant’s Motions for Modification of

Sentence are MOOT and the Motions are hereby SUMMARILY DISMISSED.

IT IS SO ORDERED.

______________________________ Sheldon K. Rennie, Judge

Original to Prothonotary Cc: Amir Colder (SBI #00973487), Plummer Center, Wilmington, DE Zachary George, Esquire, Hudson Jones Jaywork & Fisher LLC, Dover, DE