State v. Selby ( 2024 )

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
STATE OF DELAWARE, )
)
)
)
v. ) ID No. 1802011394 A & B
)
JAWONE SELBY, )
)
)
Defendant. )
)
Date Submitted: November 7, 2023
Date Decided: January 5, 2024
ORDER
Upon consideration of Defendant Jawone Selby’s (“Selby”) Letter Motion for
Sentence Modification (“Motion”),1 Superior Court Criminal Rule 35(b), statutory
and decisional law, and the record in this case, IT APPEARS THAT:
(1) On November 13, 2018, Selby pled guilty to Possession of a Firearm
During the Commission of a Felony (“PFDCF”) (IN18-04-1016), and Possession of
a Firearm or Ammunition by a Person Prohibited (“PFABPP”) (IN18-04-1022).2
(2) On March 22, 2019, Selby was sentenced as follows: for PFDCF, 5
years at Level V; and for PFABPP, 11 years at Level V suspended after 4 years, for
1
D.I. 48A, D.I. 14B.
2
D.I. 41A, D.I. 9B. On July 31, 2018, the Court granted a motion to sever the PFABPP charge
from the PFDCF, creating the B case. D.I. 4B. This severance was rendered moot by Selby’s
plea. D.I. 41A, D.I.9B.
7 years Level IV DOC Discretion suspended after 6 months, for 1 year Level III.3
(3) On November 7, 2023, Selby filed the instant Motion requesting the
Court either grant him early release, or “[l]evel 4 for the remain[der] of my time.”4
The grounds for his request are as follows: he has maintained consistent employment
for the past 2 years; he garnered six points in the Department of Correction
classification system which allowed him to move to minimum building housing
status; he was approved for an honor visit with his family; and he has been enrolled
in school for approximately 6 years.5
(4) Rule 35(b) governs motions for modification or reduction of sentence.6
“Under Rule 35(b), a motion for sentence modification must be filed within ninety
days of sentencing, absent a showing of ‘extraordinary circumstances.’”7 Rule 35(b)
also mandates that “[t]he [C]ourt will not consider repetitive requests for reduction
of sentence.”8
(5) Selby’s Motion is procedurally barred as untimely. Selby filed the
3
D.I. 47A, D.I. 13B. Selby is ordered to pay $7.00 in restitution. D.I. 47A, D.I. 13B.
4
D.I. 48A, D.I. 14B.
5
D.I. 48A, D.I. 14B.
6
Super. Ct. Crim. R. 35(b).
7
Croll v. State, 2020 WL 1909193, at *1 (Del. Apr. 17, 2020) (TABLE) (affirming the Superior
Court’s denial of a motion for modification of sentence where the motion was repetitive and filed
beyond the 90-day limit); see Hewett v. State, 2014 WL 5020251, at *1 (Del. Oct. 7, 2014) (“When
[] a motion for reduction of sentence is filed within ninety days of sentencing, the Superior Court
has broad discretion to decide whether to alter its judgment.”).
8
Super. Ct. Crim. R. 35(b) (emphasis added).
2
instant Motion on November 7, 2023,9 several years past the ninety-day window.10
(6) The Court may only consider an untimely Rule 35(b) motion in two
circumstances: when a movant demonstrates “extraordinary circumstances” or when
the motion is filed pursuant to 11 Del. C. § 4217.11 Selby has not identified any
“extraordinary circumstances”12 nor was his Motion filed pursuant to 11 Del. C. §
4217.
(7) Selby’s participation in educational and rehabilitative programs, while
commendable, does not constitute an “extraordinary circumstance.” As such, the
Court finds the sentence remains appropriate for all the reasons stated at the time of
sentencing.
NOW, THEREFORE, IT IS HEREBY ORDERED that Selby’s Letter
Motion for Sentence Modification is DENIED.
/s/ Jan R. Jurden
Jan R. Jurden, President Judge
Original to Prothonotary
cc: John S. Taylor, DAG
Jawone Selby (SBI # 00812684)
9
D.I. 48A, D.I. 14B.
10
The Court sentenced Selby on March 22, 2019. D.I. 47A, D.I. 13B.
11
Super. Ct. Crim. R. 35(b).
12
See State v. Remedio, 108 A.3d 326, 332 (Del. Super. 2014) (explaining that extraordinary
circumstances must specifically justify the delay, be beyond the movant’s control, and be the
reason the movant was prevented from timely filing).
3