State v. Pitts
2306008594
Del. Super. Ct.Jul 30, 2024Background
- Charles Pitts pled guilty to Manslaughter and DUI of Drugs in February 2024.
- On May 17, 2024, Pitts was sentenced to 15 years at Level V (prison), suspended after 3 years, with additional time at Level IV and Level III (less restrictive forms of custody/probation) for Manslaughter, plus a separate sentence for the DUI.
- Pitts’s sentence included 1 year at Level IV, to be possibly suspended after a treatment evaluation, followed by Level III probation.
- On July 15, 2024, Pitts filed his first timely Motion for Modification of Sentence under Superior Court Criminal Rule 35(b).
- Pitts requested modification of his sentence, specifically the removal of Level IV time in favor of two years at Level III probation, citing re-entry concerns, access to treatment, and family support in Maryland.
- The court considered Pitts’s request but denied the Motion.
Issues
| Issue | Pitts's Argument | State's Argument | Held |
|---|---|---|---|
| Modification of Level IV portion of sentence | Level IV time hinders re-entry and access to programs/support in Maryland | Sentence appropriate, crafted for needs | Motion denied; sentence stands |
| Procedural bar to motion | First motion, filed within 90 days—should be considered | N/A | Not procedurally barred |
Key Cases Cited
- None with official reporter citations (all cases cited in the opinion either have WL citations or are table opinions not appearing in official reporters).
