State v. Harper
This text of State v. Harper (State v. Harper) is published on Counsel Stack Legal Research, covering Superior Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
STATE OF DELAWARE, ) ) v. ) ID Nos.: 2108001658 ) 2201000314 DUSTIN HARPER, ) ) Defendant. )
ORDER
This 12th day of April, 2023, upon consideration of Defendant, Dustin
Harper’s (“Defendant”), pro se Motion for Level IV Sentence Modification (the
“Motion”),1 the sentence imposed upon Defendant, and the record in this case, it
appears to the Court that:
1. On September 13, 2022, Defendant was found in violation of the terms of
his probation and sentenced to three years at Level V, suspended after 90 days at
Level V, followed by six months at Level IV Department of Corrections ("DOC")
discretion, followed by 1 year at supervision Level III probation.2
2. On January 3, 2023, Defendant filed the instant Motion, seeking a
reduction of the Level IV portion of his sentence and a modification of the Level III
1 D.I. 10, Case ID No. 2108001658; D.I. 13, Case ID No. 2201000314 ("Def.'s Motion"). 2 D.I. 12, Case ID No. 2201000314. portion of his sentence to include the mandatory completion of out-patient treatment
with Banyon Treatment Services.3
3. On April 7, 2023, Defendant completed the Level IV portion of his
sentence and began the Level III period of probation.4
4. Because the Level IV 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 Defendant's request for
treatment with Banyon Treatment Services.
For the foregoing reasons, the Court finds that the Defendant’s Motion for
Modification of Sentence is MOOT and the Motion is hereby SUMMARILY
DISMISSED.
IT IS SO ORDERED.
___________________ __ _______ Sheldon K. Rennie, Judge
Original to Prothonotary
Cc: Dustin Harper (SBI #00521033) Marc Petrucci, DAG, Department of Justice, Wilmington, DE
3 Def.'s Motion at 2. 4 D.I. 51, Case ID No. 2108001658. 2
Free access — add to your briefcase to read the full text and ask questions with AI
Cite This Page — Counsel Stack
State v. Harper, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-harper-delsuperct-2023.