State v. Harrington

• Court: Superior Court of Delaware
• Decided: July 20, 2023
• Docket: 1905003799 & 2110006026
• Status: Published

Opinion

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

STATE OF DELAWARE, ) ) v. ) ID Nos.: 1905003799 ) 2110006026 JAMES HARRINGTON, ) ) Defendant. )

ORDER

This 20th day of July, 2023, upon consideration of Defendant, James

Harrington’s (“Defendant”) Motions for Credit for Time Served,1 Defendant's

Motions for Modification of Sentence,2 the sentence imposed upon Defendant, and

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

1. On January 24, 2023, Defendant was found in violation of the terms of his

probation and sentenced to one year at Level V, suspended for nine months at Level

IV Work Release, followed by one year at Level I Restitution Only.3

2. On February 22, 2023, and April 12, 2023, Defendant filed Motions

requesting the Court to order the Department of Corrections ("DOC") to amend

Defendant's DOC status sheet to reflect the effective date of the Court's sentencing

order: November 8, 2022.4

1 Feb. 22, 2023 Mot. for Credit (D.I. 19, ID No. 1905003799), (D.I. 22, ID No. 2110006026); Apr. 12, 2023 Mot. for Credit (D.I. 20, ID No. 1905003799) ("Credit Mots.") 2 Apr. 17, 2023 Mot. for Modification (D.I. 23, ID No. 2110006026); Apr. 26, 2023 Mot. for Modification (D.I. 21, ID No. 1905003799), (D.I. 24, ID No. 2110006026) ("Modification Mots."). 3 (D.I. 18, ID No. 1905003799), (D.I. 21, ID No. 2110006026). 4 See Credit Mots. 3. On April 17, 2023 and April 26, 2023, Defendant filed Motions for

modification of the remainder of his Level IV sentence to Level III.5

4. On July 7, 2023, DOC issued a progress report for Defendant which shows

that DOC records were corrected to reflect the November 8, 2022 effective date, and

that Defendant completed his Level IV Work Release sentence on June 24, 2023. 6

Defendant is currently serving the Level I Restitution Only portion of his sentence.7

5. Because DOC corrected their records, and because the Level IV portion of

Defendant's sentence has already expired, the Court cannot issue an order that would

further provide the relief Defendant requested in his Motions.

For the foregoing reasons, the Defendant’s Motions for Credit for Time

Served and Motions for Modification of Sentence are MOOT and are hereby

SUMMARILY DISMISSED.

IT IS SO ORDERED.

______________________________ Sheldon K. Rennie, Judge

Original to Prothonotary Cc: James Harrington (SBI #00913288)

5 See Modification Mots. 6 Jul. 7, 2023 Progress Report 801959. 7 Id. 2