State of Delaware v. Elliott.
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IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY STATE OF DELAWARE v. JAMES H. ELLIOTT, Defendant. ) ) ) ) ) ) ) Case No. 1102013155 ORDER DENYING MOTION FOR MODIFICATION OF SENTENCE OF JAMES H. ELLIOTT Upon consideration of the Motion for Sentence Correction (the Motion to Modify ) filed by James H. Elliott, the documents filed in support of the Motion to Modify, the letter dated March 28, 2013 from Cynthia L. Faraone, Esq., Deputy Attorney General, to the Honorable Eric M. Davis (the Response ), the authorities provided by the parties in the Motion to Modify and the Response, the record of this criminal action, and the Court determining (i) that no hearing is necessary and (ii) that Mr. Elliott has failed to demonstrate good cause for the relief requested, IT IS FOUND AND DETERMINED that 11 Del. C. § 1447A(e) expressly provides that the person convicted of possession of a firearm during commission of a felony shall then serve the sentence for the felony committed before serving the sentence for the possession charge; and IT IS FURTHER FOUND AND DETERMINED that, as a preliminary matter, 11 Del. C. §4217 does not apply as Mr. Elliott has failed to satisfy the requirements of 11 Del. C. § 4217(b) and, therefore, any request predicated on this section of the Delaware Code must be summarily dismissed; and IT IS FURTHER FOUND AND DETERMINED that Mr. Elliott has failed to demonstrate the sentence imposed in this criminal action is an illegal sentence subject to modification under Superior Court Criminal Rule 35(a); and IT IS FURTHER FOUND AND DETERMINED that Mr. Elliott has failed to demonstrate extraordinary circumstances as required under Superior Court Criminal Rule 35; and IT IS HEREBY ORDERED, this 5th day of April, 2013, that the Motion to Modify is DENIED. /s/ Eric M. Davis Eric M. Davis Judge cc: Prothonotary Michael W. Modica, Esq. Cynthia L. Faraone, Esq.
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