State v. Ongay

• Court: Superior Court of Delaware
• Decided: April 12, 2023
• Docket: 1802017789
• Status: Published

Opinion

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

STATE OF DELAWARE ) ) v. ) ID No. 1802017789 ) ELIEZER ONGAY ) ) Defendant. )

ORDER

This 12th day of April 2023, upon consideration of the Defendant, Eliezer

Ongay’s (“Defendant”), pro se Motion for Level IV Sentence Modification (the

“Motion”),1 Defendant’s prior record, the sentence imposed upon Defendant, and

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

1. On November 26, 2018, Defendant was adjudged guilty of Possession of

a Firearm By a Person Prohibited and Possession of Ammunition By a Person

Prohibited and sentenced to 15 years at Level V, suspended after five years at Level

V, for six months at Level IV Department of Corrections ("DOC") discretion,

followed by 1 year at supervision Level III probation.2

2. On January 6, 2023, Defendant filed the instant Motion, seeking a

suspension of the remaining Level IV portion of his sentence for Level III

probation.3

1 D.I. 28. 2 D.I. 26. 3 D.I. 28. 3. On March 2, 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.5

For the foregoing reasons, the Court finds that the Defendant’s Motion for

Level IV Modification of Sentence is MOOT and the Motion is hereby

SUMMARILY DISMISSED.

IT IS SO ORDERED.

____________________________ Sheldon K. Rennie, Judge

Original to Prothonotary

Cc: Eliezer Ongay (SBI # 00623347) Department of Justice Investigative Services

4 D.I. 11, DOC Client Composite Inquiry, SBI No. 00623347. 5 In addition, Defendant's Motion would have been summarily dismissed as a repetitive request for sentence modification, pursuant to Delaware Superior Court Criminal Rule 35(b), because it is Defendant's third such motion in this case. See Def.'s First Mot. Sentence Modification, April 28, 2020 (D.I. 15); see also Def.'s Second Mot. Sentence Modification, June 5, 2022 (D.I. 25). 2