State of Delaware v. Hoffman.
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IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY STATE OF DELAWARE v. NICOLE R. HOFFMAN, Defendant. ) ) ) ) ) ) ) Case No. 1006008872 ORDER AND NOW, TO WIT, this 28th day of June 2011, having heard Defendant s Motion to Amend Sentence and the State s opposition thereto, IT IS HEREBY ORDERED as follows: 1. On June 14, 2010, Defendant Nicole R. Hoffman ( Hoffman ) pled guilty to Manslaughter. Hoffman was sentenced to 13 years at Level V, suspended for 9 years at Level V, followed by varying levels of probation. 1 2. On December 6, 2010, Defendant filed a Motion to Amend Sentence.2 On December 14, 2010, Defendant was granted additional time to supplement her Motion to Amend. Defendant filed a supplemental memorandum in support of her Motion to Amend on March 7, 2011. 3 Defendant claimed that the Court based its sentencing on information that was factually incorrect and which was material to the Court s conclusion that the aggravator of undue depreciation of the offense justified the sentence imposed. 4 1 Sentencing Order, Docket Item ( D.I. ) 4. D.I. 8. 3 D.I. 12. 4 Id. 2 3. Upon consideration of the parties submissions the Court finds that Defendant s sentence should be modified to 13 years at Level V, suspended after 8 years of Level V, for 12 months of Level IV, followed by 24 months of Level III. 5 Defendant s Motion to Amend is thus GRANTED. IT IS SO ORDEDED. Jan R. Jurden, Judge 5 State v. Walls, 911 A.2d 804 (Del. 2006) (TABLE); State v. Sloman, 886 A.2d 1257 (Del. 2005) (Sentencing Judge has inherent authority to modify sentence). 2
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