State v. El-Abbadi

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
STATE OF DELAWARE, )
)
v. ) ID#s 2204011164, 2208009161,
) 2207015239
HASSAN-HASS EL-ABBADI, )
)
Defendant. )
)
Date Submitted: November 27, 2023
Date Decided: February 7, 2024
ORDER
Upon consideration of Defendant Hassan-Hass El-Abbadi’s (“El-Abbadi”)
Pro Se Motion for Sentence Modification (“Rule 35(b) Motion”),1 Superior Court
Criminal Rule 35(b), statutory and decisional law, and the record in this case, IT
APPEARS THAT:
(1) On June 5, 2023, El-Abbadi pled guilty to Burglary Second Degree
(PN23-02-1849) and Stalking (IN23-02-1848) in the case ending in 1164 (the “A
Case”); Non-Compliance with Bond Conditions (IN23-02-1908) in the case ending
in 9161 (the “B Case”); and Non-Compliance with Bond Conditions (IN22-10-0295)
in the case ending in 5239 (the “C Case”).2
1
D.I. 26A, D.I. 10B, D.I. 9C
2
D.I. 20A, D.I. 5B, D.I. 4C.
(2) On October 20, 2023, El-Abbadi was sentenced in all three cases.3
(3) El-Abbadi’s sentence in the A case is as follows: for Burglary Second
Degree, 8 years at Level V suspended after 2 years, for 6 months Level IV DOC
Discretion, followed by 6 months Level III GPS, followed by 12 months at Level
III; and for Stalking, 3 years at Level V suspended after 2 years, for 1 year at Level
III.4
(4) El-Abbadi’s sentence in the B Case is as follows: for Non-Compliance
with Bond Conditions, 5 years at Level V suspended after 6 months, for 1 year at
Level III.5
(5) El-Abbadi’s sentence in the C Case is as follows: for Non-Compliance
with Bond Conditions, 5 years at Level V suspended after 6 months, for 1 year at
Level III.6
(6) In total, El-Abbadi was sentenced to 5 years of unsuspended Level V
time.7 El-Abbadi did not file a direct appeal.
3
D.I. 22A, D.I. 7B, D.I. 6C.
4
D.I. 22A. El-Abbadi’s probation is to run concurrently. Id.
5
D.I. 7B. El-Abbadi’s probation is to run concurrently with the A Case, and he is ordered to pay
a fine of $1,000.00 plus all surcharges and fees. Id.
6
D.I. 6C. El-Abbadi’s probation is to run concurrently with the B Case, and he is ordered to pay
a fine of $1,000.00 plus all surcharges and fees. Id.
7
D.I. 22A, D.I. 7B, D.I. 6C.
2
(7) On November 27, 2023, El-Abbadi filed the instant Rule 35(b) Motion.8
He asks the Court grant him an immediate release from Level V.9 In support of his
Rule 35(b) Motion, El-Abbadi states the following: he is a first-time felon, a father,
a caretaker for his mother, a diesel mechanic, and the “ple[a] was cap[p]ed at 4
years.”10 This is El-Abbadi’s first Rule 35(b) Motion and it is timely.
(8) Superior Court Criminal Rule 35(b) governs motions for modification
or reduction of sentence.11 The purpose of Rule 35(b) is to “provide a reasonable
period for the Court to consider alteration of its sentencing judgments.”12 Rule 35(b)
contains procedural bars for timeliness and repetitiveness.13 Under Rule 35(b), the
“[C]ourt may reduce a sentence of imprisonment on a motion made within 90 days
after the sentence was imposed” and will consider untimely motions “only in
extraordinary circumstances or pursuant to 11 Del. C. § 4217.”14 Furthermore, under
Rule 35(b) “[t]he [C]ourt will not consider repetitive requests for reduction of
sentence.”15
8
Def.’s Rule 35(b) Mot.
9
Def.’s Rule 35(b) Mot.
10
Def.’s Rule 35(b) Mot.
11
Super. Ct. Crim. R. 35(b).
12
State v. Remedio, 108 A.3d 326, 331 (Del. Super. 2014).
13
Super. Ct. Crim. R. 35(b).
14
Id.15
Id.
3
(9) Rule 35(b) places the burden of proof on “the movant to establish cause
to modify a lawfully imposed sentence.”16 Rule 35(b) motions are decided “without
presentation, hearing or argument unless otherwise ordered by the [C]ourt.”17
Although Rule 35(b) does not set specific criteria which must be met before the
Court may grant a Rule 35(b) motion, “common sense dictates that the Court may
modify a sentence if present circumstances indicate that the previously imposed
sentence is no longer appropriate.”18
(10) Pursuant to an agreement with the State, El-Abbadi pled guilty to
Stalking, Burglary Second Degree, and two counts of Non-Compliance with Bond
Conditions and, in exchange, the State entered a nolle prosequi on all other charges
in Cases A-C.19 In accordance with Rule 11(c),20 the Court personally addressed El-
Abbadi in open court and determined that he understood the nature of the charges to
which the plea was offered, the mandatory minimum penalty provided by law, and
the maximum possible penalty provided by law.21 El-Abbadi acknowledged that by
16
State v. Joseph, 2018 WL 1895697, at *1 (Del. Super. Apr. 11, 2018).
17
Super. Ct. Crim. R. 35(b).
18
State v. Bailey, 2017 WL 8787504, at *1 (Del. Super. Oct. 3, 2017).
19
D.I. 20A, D.I. 5B, D.I. 4C. Additionally, El-Abbadi had charges pending in both the Court of
Common Pleas and Family Court, in accordance with the plea agreement, the State entered a nolle
prosequi in those matters. D.I. 20A, D.I. 5B, D.I. 4C.
20
Super. Ct. Crim. R. 11(c).
21
By statute and as listed on the Truth-in-Sentencing Guilty Plea Form, which he signed, El-
Abbadi agreed to plead guilty, knowing he could be sentenced to a range of 6 months to 3 years at
Level V for Stalking; 0 to 8 years at Level V for Burglary Second; and 0 to 5 years at Level V for
each count of Non-Compliance with Bond. D.I. 20A, D.I. 5B, D.I. 4C. See 11 Del. C. § 1312(c)
4
taking the plea agreement he could be sentenced to a statutory maximum of 21 years
at Level V and a $10,000 fine.22 The sentences imposed by the Court are within that
statutory range.
(11) El-Abbadi has failed to present any evidence that would warrant a
modification or reduction of his sentences, and the sentences are appropriate for all
the reasons stated at the time of sentencing.
NOW, THEREFORE, IT IS HEREBY ORDERED that Defendant’s
Motion for Sentence Modification is DENIED.
/s/ Jan R. Jurden
Jan R. Jurden, President Judge
Original: Prothonotary
cc: Brianna M. Mills, DAG
Hassan-Hass El-Abbadi (SBI# 00724418)
(classifying Stalking as a Class F Felony); see also 11 Del. C. § 4205(b)(6) (allowing for a
maximum of 3 years to be served at Level V for a Class F Felony). See 11 Del. C. § 825
(classifying Burglary Second Degree as a Class D Felony); see also 11 Del. C. § 4205(b)(4)
(allowing for a maximum of 8 years to be served at Level V for a Class D Felony). See 11 Del. C.
§ 2113(c) (allowing for a maximum of 5 years at Level V, or a fine of $5,000, or both, for not
complying with bond conditions).
22
D.I. 20A, D.I. 5B, D.I. 4C.
5