State v. Smith

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
STATE OF DELAWARE, )
)
v. ) I.D. No. 1103018874
)
KENDALL SMITH, )
)
Defendant. )
ORDER
On this 20th day of July, 2023, upon consideration of Defendant, Kendall
Smith's ("Defendant") Motion for Modification of Sentence (the “Motion”),1 the
sentence imposed upon Defendant, and the record in this case, it appears to the Court
that:
1. On December 16, 2011, Defendant pled guilty to Murder in the Second
Degree.2 On April 8, 2012, he was sentenced to 30 years at Level V with probation
to follow.3
2. On April 26, 2023, Defendant filed the instant Motion pursuant to
Superior Court Criminal Rule 35(b) ("Rule 35(b)").4
3. Repetitive Rule 35(b) motions for reduction of sentence are procedurally
barred from consideration.5 A Rule 35(b) motion is deemed repetitive “when it is
1
D.I. 110.
2
D.I. 25.
3
D.I. 46.
4
D.I. 110.
5
Super. Ct. Crim. R. 35(b).
preceded by an earlier Rule 35(b) motion, even if the subsequent motion raises new
arguments.”6
4. Defendant's instant Motion was preceded by three earlier Rule 35(b)
motions.7 Therefore, the instant Motion is deemed repetitive and is procedurally
barred.
5. In addition, as with Defendant’s previous Rule 35(b) motion, the Court
finds that Defendant’s sentence is appropriate for all of the reasons stated at the time
of sentencing. No additional information has been provided to the Court which
would warrant a reduction or modification of this sentence.
For the reasons stated above, Defendant’s Motion is SUMMARILY
DISMISSED.
IT IS SO ORDERED.
Sheldon K. Rennie, Judge
Original to Prothonotary
Cc: Kendall M. Smith (SBI# 00619570)
6
State v. Culp, 152 A.3d 141, 144 (Del. 2016).
7
D.I. 48; D.I. 100; D.I. 102, 103.
2