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State v. Pitts
2306008594
Del. Super. Ct.
Jul 30, 2024
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Background

  • 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).
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Case Details

Case Name: State v. Pitts
Court Name: Superior Court of Delaware
Date Published: Jul 30, 2024
Citation: 2306008594
Docket Number: 2306008594
Court Abbreviation: Del. Super. Ct.