State v. Hollingsworth

• Court: Superior Court of Delaware
• Decided: March 14, 2024
• Docket: 2207003848 2210009751
• Status: Published

Opinion

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

STATE OF DELAWARE, ) ) v. ) ID Nos. 2207003848 ) 2210009751 TRACION D. HOLLINGSWORTH, ) ) Defendant. )

ORDER

1. On this 14th day of March, 2024, upon consideration of Defendant Tracion

D. Hollingsworth’s (“Defendant”) pro se Motion for Sentence Modification (the

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

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

that:

2. On September 12, 2022, Defendant pled guilty to Carrying a Concealed

Deadly Weapon (“CCDW”) (Class G Non-Violent Felony) and Assault in the Third

Degree (Class A Misdemeanor).2 On October 3, 2022, the Court sentenced her to

(1) CCDW, two years of Level V supervision, suspended for one year of Level III

1 D.I.s 2207003848-24, 2210009751-14. Defendant filed the Motion in the form of a letter. The Court interprets the contents of that letter as a motion for sentence modification. Defendant does not specifically cite to Rule 35(b) in the Motion, but she asks this Court to modify the Level IV supervision part of her sentence. 2 D.I. 2207003848-5. supervision; and (2) Assault in the Third Degree, one year of Level V supervision,

suspended for one year of Level III supervision.3

3. On November 1, 2022, the Delaware Department of Correction (“DOC”)

stated that Defendant had violated probation by allegedly committing criminal

offenses during her probationary period, including Theft, Resisting Arrest, Assault

in the Third Degree, Shoplifting, Criminal Mischief, Disorderly Conduct, and

Criminal Trespass.4 On February 28, 2023, Defendant pled guilty to Resisting Arrest

(Class G Violent Felony). On March 8, 2023, the Court sentenced her to (1) CCDW,

one year and eleven months of Level V supervision, suspended for one year and six

months of Level III supervision; (2) Assault in the Third Degree, one year of Level

V supervision, suspended for one year and six months of Level III supervision; and

(3) Resisting, two years of Level V supervision, suspended for one year and six

months of Level III supervision.5

4. On April 5, 2023, the DOC stated that Defendant had violated probation

by failing to report to her probation officer, testing positive for nonprescribed

controlled substances on March 14, 2023, March 22, 2023, and March 27, 2023,

failing to comply with the substance abuse and mental health treatment conditions

3 D.I. 2207003848-7. 4 D.I. 2207003848-11. 5 D.I.s 2207003848-13, 2210009751-8.

2 of her sentence, and failing to comply with curfew on March 20, 2023. 6 On April

12, 2023, the Court sentenced her to (1) CCDW, one year and eleven months of

Level V supervision, suspended for successful completion of Level IV substance

abuse treatment, followed by one year of Level III intensive outpatient treatment;

(2) Assault in the Third Degree, probation continued at Level III or as previously

imposed; and (3) Resisting, probation continued at Level III or as previously

imposed.7

5. On July 6, 2023, the DOC stated that Defendant had violated probation by

threatening police officers, a nurse, and other offenders in the Road to Recovery

program and repeatedly violating program rules. On July 20, 2023, the Court

sentenced her to one year and eleven months of Level V supervision, suspended for

successful completion of Level IV inpatient drug treatment, followed by one year of

Level III aftercare treatment.8

6. On November 25, 2023, Defendant filed the instant Motion, in which she

asks the Court to reduce or eliminate the duration of the Level IV portion of her

sentence. Defendant requests to be released to Level III supervision, either through

6 D.I.s 2207003848-17, 2210009751-12. 7 D.I.s 2207003848-18, 2210009751-13. 8 D.I.s 2207003848-23.

3 a grant of credit time or a reduction of her sentence. She expresses her wish to return

home to spend time with her family.9

7. Rule 35(b) authorizes this Court to “reduce the fine or term or conditions

of partial confinement or probation, at any time.” A motion to modify the terms of

partial confinement or probation is not subject to the ninety-day limitation that

applies to a motion for sentence reduction.10

8. Given Defendant’s history of illegal drug use, Level IV inpatient drug

treatment is a proper part of her sentence. Defendant’s sentence is appropriate for

all the reasons stated at the time of sentencing. No information has been provided

to the Court that would warrant a modification of the sentence. Hence, Defendant’s

Motion is DENIED.

IT IS SO ORDERED.

______________________________ Sheldon K. Rennie, Judge

Original to Prothonotary

cc: Tracion D. Hollingsworth (SBI #00462675)

9 D.I.s 2207003848-24, 2210009751-14. 10 State v. Harmon, 2023 WL 7599111, at *1 (Del. Super. Nov. 14, 2023) (quoting State v. Bailey, 2017 WL 8787504, at *1 (Del. Super. Oct. 3, 2017)).