Gray v. State
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IN THE SUPREME COURT OF THE STATE OF DELAWARE JEFFREY A. GRAY, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 146, 2001 Court Below Superior Court of the State of Delaware, in and for New Castle County Cr.A. Nos. IN96-04-0729 Submitted: July 5, 2001 Decided: August 9, 2001 Before VEASEY, Chief Justice, WALSH and HOLLAND, Justices ORDER This 9th day of August 2001, upon consideration of the briefs on appeal and the record below, it appears to the Court that: (1) The defendant-appellant, Jeffrey A. Gray, filed an appeal from the order of the Superior Court denying his motion for reduction/modification of sentence.1 We find no merit to the appeal. Accordingly, we AFFIRM. (2) In this appeal, Gray claims that the Superior Court abused its discretion in denying his motion for reduction/modification of sentence. He 1 Super. Ct. Crim. R. 35(b). contends that his participation in a number of rehabilitative programs as well as testimonials from prison personnel provide a sufficient basis for a reduction of his prison time. (3) In April 1996, Gray was indicted on charges of Trafficking in Cocaine, Possession with Intent to Deliver a Narcotic Schedule II Controlled Substance, Possession of a Firearm During the Commission of a Felony and Possession of a Deadly Weapon by a Juvenile. Gray pleaded guilty to one count of Possession with Intent to Deliver a Narcotic Schedule II Controlled Substance.2 The State entered nolle prosequis on the remaining charges in the indictment. Gray was sentenced to 3 years incarceration at Level V, to be suspended after 1 year for 2 years of Level II supervision.3 (4) Rule 35(b) provides that a motion for reduction of sentence made more than 90 days following sentencing will be considered by the Superior Court only in extraordinary circumstances. Gray s motion, filed well beyond 2 Pursuant to Superior Court Criminal Rule 11(e) (1) (C). 3 Gray began serving this sentence after serving time for a separate crime. -2- the 90-day limit, does not demonstrate the kind of extraordinary circumstances necessary to permit a reduction of his sentence.4 NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED. BY THE COURT: s/Joseph T. Walsh Justice 4 Johnson v. State, Del. Supr., No. 146, 1999, Hartnett, J., 1999 WL 652049 (Aug. 16, 1999) (ORDER). -3-
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