State v. Walker

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
STATE OF DELAWARE )
)
)
) I.D. Nos. 2103000123
v. ) 2010012972
) 2109006816
) 2111011522
DAVON WALKER, )
)
Defendant. )
ORDER
Submitted: March 14, 2023
Decided: May 8, 2023
AND NOW TO WIT, this 8th day of May 2023, upon consideration of
Davon Walker (“Defendant”)’s Motion for Modification/Reduction 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. Defendant actively participated in criminal street gang activity with
the knowledge that its members engaged in or had engaged in a pattern of criminal
activity which included various acts of murder, firearm offenses, assault first degree,
and robberies.1 For his participation in said gang activity, Defendant was indicted
1
See Crim Id. N210300123, D.I. 37.
on three counts of Murder First Degree with respect to his role in the killing of three
men.2
2. Defendant accepted and pled guilty to three counts of Murder Second
Degree, one count of Conspiracy First Degree, and one count of Gang Participation.3
The State and Defendant, through counsel, agreed to a recommended unsuspended
sentence of fifty-three years. Accordingly, on August 26, 2022, this Court imposed
the recommended sentences.4
3. On November 9, 2022, Defendant filed his first Motion for Sentence
Modification/Reduction under Superior Court Rule 35(b), asking this Court to
“suspend non-minimum mandatory Level V sentence for completion of educational
and rehabilitative programs.”5 The Court denied the motion.6 Defendant now files
this Motion reiterating the identical motion and seeking the same relief.
4. Defendant’s request is barred as repetitive.7 Rule 35 does not allow
2
Crim Id. N210300123, D.I. 37.
3
Crim Id. N210300123, D.I. 1.
4
Defendant was sentenced as follows: (1) for each count of Murder Second Degree—to forty
years at Level V, suspended after fifteen years (minimum mandatory), (2) for Conspiracy First
Degree—to five years at Level V, and (3) Gang Participation—to three years at Level V. Crim
Id. N210300123, D.I. 40.
5
Id.
6
Crim Id. N210300123, D.I. 41.
7
Superior Court Rule 35(b) reads that “[t]he court will not consider repetitive requests for
reduction of sentence.” Del. Super. Ct. Crim R. 35(b). A motion is considered repetitive when
it “is preceded by an earlier Rule 35(b) motion, even if the subsequent motion raises new
arguments.” State v. Culp, 152 A.3d 141, 144 (Del. 2016).
2
the Court to use its discretion to ignore this bar.8
IT IS SO ORDERED that the Motion for Reduction of Sentence is
SUMMARILY DISMISSED.
/s/ Vivian L. Medinilla
Vivian L. Medinilla
Judge
oc: Prothonotary
cc: Defendant
Investigative Services Office
8
Culp, 152 A.3d at 145 (reversing the Superior Court’s decision to grant defendant’s Motion
for Modification where the motion was repetitive and untimely).
3