State v. Shoemaker-Marioni ( 2023 )

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
STATE OF DELAWARE )
)
v. )
) I.D. No. 2104011875
)
MICHAEL SHOEMAKER-MARIONI, )
)
Defendant. )
ORDER
Submitted: December 14, 2022
Decided: March 7, 2023
AND NOW TO WIT, this 7th day of March, 2023, upon consideration
of Michael Shoemaker (“Defendant”)’s Motion for Modification of Sentence
under Superior Court Criminal Rule 35, the sentence imposed upon the
Defendant, and the record in this case, it appears to the Court that:
1. This case involves sexual assaults against Defendant’s infant
daughter that began when she was one week old. 1 On July 19, 2021, a Grand
Jury indicted Defendant for one count of Rape First Degree, three counts of
Sexual Abuse of Child by Person in Position of Trust, Authority or Supervision
First Degree, three counts of Rape Second Degree, one count of Unlawful Sexual
Contact First Degree, one count of Sexual Abuse of Child by Person in Position
1
See D.I. 12.
of Trust, Authority or Supervision Second Degree, one count of Offensive
Touching, twenty-five counts of Dealing in Child Pornography, nine counts of
Sexual Exploitation of a Child, one count of Continuous Sexual Abuse of a Child,
one count of Endangering the Welfare of a Child, Victim of Sexual Offense.2
2. On May 24, 2022, Defendant pled guilty to one count of Rape First
Degree, one count of Unlawful Sexual Contact First Degree, one count of Dealing
in Child Pornography, and one count of Sexual Exploitation of a Child. 3 On
August 26, 2022, Defendant was sentenced to, in relevant part, fifty years at Level
V. 4
3. On December 8, 2022, Defendant filed this Motion for Sentence
Modification/Reduction, asking the Court to reduce imprisonment to the
minimum mandatory thirty-nine years and suspend the remaining eleven years
upon successful completion of “R2R/key program.” In support, he asserts that
he has not been placed into any useful treatment programs; he is remorseful; he
is allowed to return to his former job; and he has a sick mother who needs his
2
D.I. 2.
3
D.I. 10.
4
Defendant was sentenced to, in relevant part, forty years at Level V as to Rape First Degree, five
years at Level V as to Unlawful Sexual Contact First Degree, two years at Level V as to Dealing
in Child Pornography, and twenty-five years at Level V suspended after three years at Level V as
to Sexual Exploitation of a Child. D.I. 12.
2
help.5
4. Under Superior Court Criminal Rule 35(b), the Court may reduce a
sentence of imprisonment on a motion made within ninety days after the sentence
is imposed.6 Defendant filed this pending Motion 104 days after the sentencing.
Defendant’s Motion is time-barred. In order to overcome the ninety-day time
bar, Defendant must show that “extraordinary circumstances” forgive the
tardiness of his Motion. 7 Extraordinary circumstances are the circumstances that
“specifically justify the delay; are entirely beyond a petitioner’s control; and have
prevented the applicant from seeking the remedy on a timely basis.”8 Lack of
treatment programs, remorse, employment opportunities, and family duty do not
constitute extraordinary circumstances.
5. Moreover, the sentence in Defendant’s case was imposed pursuant
to a Plea Agreement between the State and Defendant. After an appropriate
colloquy, the Court addressed Defendant in open court pursuant to Superior Court
Criminal Rule 11(c)(1) and determined that he understood the nature of the
charge to which the plea was offered, the mandatory minimum penalty provided
5
D.I. 14.
6
Del. Super. Ct. Crim. R. 35(b).
7
See Colon v. State, 900 A.2d 635, 638 (Del. 2006).
8
Washington v. State, No. 18, 2023, 2023 WL 2028713, at *2 (Del. Feb. 15, 2023) (citing
State v. Diaz, 2015 WL 1741768, at *2 (Del. Apr. 15, 2015)).
3
by law and the maximum statutory penalties. Defendant fully acknowledged in
open court that the range of possible penalties included the sentence that was
imposed by the Court in this case. The sentence was appropriate for the reasons
stated at the time of sentencing.
IT IS SO ORDERED that Defendant’s Motion for Sentence Modification
is DENIED.
/s/ Vivian L. Medinilla
Vivian L. Medinilla
Judge
oc: Prothonotary
cc: Defendant
Investigative Services
4