TABLE OF CONTENTS

1. Caption
2. Motion Header
3. Original Sentence Summary
4. Grounds for Sentence Reconsideration
5. Filing Deadline
6. Mitigating Factors
7. Rehabilitation Evidence
8. Proposed Modified Sentence
9. Legal Authority
10. Proposed Order
11. Certificate of Service
12. State-Specific Notes

Caption

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

Motion Header

DEFENDANT'S MOTION FOR REDUCTION OF SENTENCE PURSUANT TO SUPERIOR COURT CRIMINAL RULE 35(b)

TO THE HONORABLE COURT:

COMES NOW the Defendant, [________________________________], by and through [his/her/their] attorney, [________________________________], and respectfully moves this Court to reduce the sentence imposed in the above-captioned matter pursuant to Delaware Superior Court Criminal Rule 35(b). In support thereof, Defendant states as follows:

Original Sentence Summary

1. Defendant's Name: [________________________________]

2. Delaware DOC Number: [________________________________]

3. Criminal ID Number: [________________________________]

4. Date of Original Sentencing: [__/__/____]

5. Sentencing Judge: Hon. [________________________________]

6. Offense(s) of Conviction:

7. Sentence Imposed: [________________________________]

8. Mandatory Minimum (if applicable): [________________________________]

9. SENTAC Guidelines Range: [________________________________]

10. Consecutive or Concurrent: [________________________________]

11. Method of Conviction: ☐ Jury Trial ☐ Bench Trial ☐ Guilty Plea ☐ No Contest

12. Plea Agreement: ☐ Yes — Terms: [________________________________] ☐ No

13. Direct Appeal Filed: ☐ Yes — Case No.: [________________________________] ☐ No

14. Prior Rule 35(b) Motion Filed: ☐ Yes — Date: [__/__/____] — Outcome: [________________] ☐ No

Grounds for Sentence Reconsideration

Defendant respectfully requests reduction of the sentence on the following grounds:

☐ A. Illegal Sentence (Rule 35(a))
The sentence is illegal because: [________________________________]

☐ B. New Information Unavailable at Sentencing
Since sentencing, new information has become available: [________________________________]

☐ C. Changed Circumstances
Defendant's circumstances have materially changed since sentencing: [________________________________]

☐ D. Demonstrated Rehabilitation
Defendant has demonstrated substantial rehabilitation: [________________________________]

☐ E. Disproportionate Sentence
The sentence is disproportionate to the offense and to sentences imposed on similarly situated defendants: [________________________________]

☐ F. Sentencing Error or Reliance on Incorrect Information
The Court relied upon materially inaccurate information at sentencing: [________________________________]

☐ G. Cooperation with Law Enforcement / Substantial Assistance
Defendant has provided substantial assistance to law enforcement pursuant to Del. Code tit. 11, § 4346: [________________________________]

☐ H. Extraordinary Circumstances (if filed after 90 days)
Extraordinary circumstances warrant the Court's consideration of this motion, including: [________________________________]

Filing Deadline

Date of Sentencing: [__/__/____]

90-Day Deadline: [__/__/____]

This motion is: ☐ Filed within 90 days ☐ Filed after 90 days based on extraordinary circumstances

This motion is timely filed / extraordinary circumstances exist because: [________________________________]

Mitigating Factors

Defendant respectfully asks the Court to consider the following mitigating factors:

☐ Defendant's age at the time of the offense: [________________________________]

☐ Defendant's limited or no prior criminal history: [________________________________]

☐ Defendant's mental health history or diagnosis: [________________________________]

☐ Defendant's substance abuse history and treatment: [________________________________]

☐ Defendant was a minor participant in the offense: [________________________________]

☐ Defendant's family responsibilities and dependents: [________________________________]

☐ Defendant's employment history and potential: [________________________________]

☐ Defendant's educational background: [________________________________]

☐ SENTAC guidelines considerations: [________________________________]

☐ Other mitigating factors: [________________________________]

Rehabilitation Evidence

Defendant presents the following evidence of rehabilitation:

☐ Educational programs completed: [________________________________]

☐ Vocational training completed: [________________________________]

☐ Substance abuse treatment programs: [________________________________]

☐ Disciplinary record while incarcerated: [________________________________]

☐ Community service or religious involvement: [________________________________]

☐ Letters of support from: [________________________________]

☐ Reentry plan upon release: [________________________________]

☐ Other rehabilitative accomplishments: [________________________________]

Proposed Modified Sentence

Defendant respectfully requests the Court modify the sentence as follows:

Justification for proposed modification: [________________________________]

Legal Authority

1. Del. Super. Ct. Crim. R. 35(a) — Permits correction of an illegal sentence at any time.

2. Del. Super. Ct. Crim. R. 35(b) — Allows the court to reduce a sentence within 90 days of imposition, or upon extraordinary circumstances thereafter. Prohibits repetitive motions.

3. Del. Code tit. 11, § 4217 — Provides for modification of sentence under specified circumstances.

4. Del. Code tit. 11, § 4346 — Authorizes sentence reduction for substantial assistance to law enforcement.

5. Weatherspoon v. State, 909 A.2d 118 (Del. 2006) — Discussed the scope and limitations of Rule 35(b) motions.

6. State v. Sturgis, 947 A.2d 1087 (Del. 2008) — Addressed the "extraordinary circumstances" standard for late-filed motions.

7. Additional Authority: [________________________________]

Proposed Order

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

ORDER ON MOTION FOR REDUCTION OF SENTENCE

This matter having come before the Court on Defendant's Motion for Reduction of Sentence pursuant to Superior Court Criminal Rule 35(b), and the Court having considered the motion, the record, and the arguments of counsel:

IT IS HEREBY ORDERED that:

☐ The Defendant's Motion is GRANTED. The sentence previously imposed on [__/__/____] is hereby reduced as follows: [________________________________]

☐ The Defendant's Motion is GRANTED IN PART. The sentence is modified as follows: [________________________________]

☐ The Defendant's Motion is DENIED.

☐ A hearing on this matter is set for [__/__/____] at [____] a.m./p.m.

IT IS SO ORDERED this [____] day of [________________], [________].

_________________________________________
Hon. [________________________________]
Superior Court Judge

Certificate of Service

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Motion for Reduction of Sentence was served upon:

Department of Justice, State of Delaware
[________________________________]
[________________________________]
[________________________________]

Method of Service:
☐ Hand Delivery
☐ U.S. Mail, postage prepaid
☐ Electronic Filing (File & ServeXpress / Lexis Nexis)
☐ Facsimile

_________________________________________
[________________________________]
Attorney for Defendant
Delaware Bar No.: [________________]
[________________________________]
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

State-Specific Notes

Distinction from Direct Appeal:
A Rule 35(b) motion is not a substitute for a direct appeal to the Delaware Supreme Court. The motion addresses the appropriateness of the sentence, not trial errors.

Repetitive Motions Prohibited:
Rule 35(b) explicitly bars repetitive sentence reduction motions. If a prior Rule 35(b) motion was filed and denied, a subsequent motion will likely be summarily denied unless it raises genuinely new and extraordinary circumstances.

Mandatory Minimums:
Rule 35(b) provides no authority for reduction or suspension of the mandatory portion of a statutory minimum sentence. This is a significant limitation that defendants must be aware of.

SENTAC Guidelines:
Delaware uses the Sentencing Accountability Commission (SENTAC) guidelines. While these guidelines are advisory, departure from them should be supported by specific justification.

No Hearing Required:
The court may consider a sentence reduction motion without presentation, hearing, or argument. Practitioners should include all supporting arguments and evidence with the motion itself.

Retroactive Sentencing Changes:
If Delaware amends its sentencing provisions, the applicability to previously sentenced defendants depends on legislative intent and whether the amendment expressly provides for retroactive application.

Five-Level Sentencing System:
Delaware's sentencing levels range from Level I (unsupervised probation) to Level V (full incarceration). Practitioners should propose modifications within this framework.