Drummond v. State, 52, 2021

Drummond pled guilty (2011) to possession of marijuana and (2013) to two counts of fourth-degree rape; sentences included imprisonment (suspended) with Level III probation, GPS monitoring, and no contact with minors.
In 2019 a probation officer reported a GPS violation placing Drummond on a high school campus; the Superior Court found a violation and imposed VOP sentences (terms suspended with probation and GPS); this Court previously affirmed that VOP judgment.
In January 2021 Drummond moved for review/modification of sentence seeking transfer out of Level V confinement (to Level III/IV) and release based on COVID-19 risk from his asthma, invoking the Eighth Amendment and 11 Del. C. § 4221.
The Superior Court denied the motion as untimely and repetitive under Super. Ct. Crim. R. 35(b), found Drummond not amenable to probation, and concluded DOC had implemented COVID-19 protections.
This Court reviewed for abuse of discretion and affirmed: Eighth Amendment authority cited by Drummond concerns civil liability, not sentencing relief; § 4221 is discretionary and the court did not abuse its discretion; Rule 35(b) relief requires extraordinary circumstances or a DOC application under § 4217.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Timeliness / repetitiveness under Rule 35(b)	COVID risk qualifies as extraordinary circumstance justifying late Rule 35(b) motion	Motion is untimely and repetitive; Rule 35(b) bars consideration	Motion properly denied as untimely/repetitive; no abuse of discretion
Eighth Amendment (COVID risk)	Eighth Amendment entitles him to sentence reduction due to asthma/COVID risk	Eighth Amendment cases cited address civil liability, not sentence modification	Eighth Amendment does not provide the requested sentencing relief
Relief under 11 Del. C. § 4221	§ 4221 permits modification for serious illness; Drummond’s asthma/COVID risk qualifies	§ 4221 is discretionary; Drummond not amenable to probation now	Even if eligible, court did not abuse discretion denying § 4221 relief
Rule 35(b) / § 4217 pathway for medical-based relief	DOC’s alleged failure to contain COVID justifies court-ordered sentence modification	Rule 35(b) allows post-90-day relief only for extraordinary circumstances or when DOC files an application under § 4217	Relief not available absent DOC application under § 4217; DOC application is proper vehicle for medical-based modification

None — the opinion primarily cites unpublished or Westlaw decisions and statutes; no authorities with official reporter citations are cited in the opinion.