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State v. Sloman11/4/2005
rs-of-practice TASC calendar for sentence modifications, and it's signed by a Judge.
We find the sentencing judge's explanation of these circumstances entirely plausible and reasonable. Although the sentencing judge, in response to the Attorney General's forceful prodding, purportedly relied upon Rule 35(b) and the "extraordinary circumstances" language in that rule to justify the sentence modification, we affirm on the basis of a different rationale than that articulated by the sentencing court.
The sentencing judge included two admittedly ambiguous provisions in his original sentencing Order. Given the ambiguity of the provisions, TASC's reasonable interpretation of the original sentencing Order resulted in an evaluation earlier than the original sentencing judge would have preferred. "It is a basic principle of jurisprudence that courts are generally afforded inherent powers to undertake whatever action is reasonably necessary to ensure the proper administration of justice. This Court has consistently held that Delaware courts have the inherent power to vacate, modify or set aside their judgments or Orders." Implicit in the original sentencing Order was a directive to TASC to follow the routine, years-long, years-of-practice procedures with respect to evaluations of defendants in custody. Also implicit in the original sentencing Order was the power to amend that Order to ensure the proper functioning of the TASC program and the administration of justice in these particular circumstances. "Imposition of a sentence is within the discretion of the trial court and, whenever possible, effect should be given to its intent." As the original sentencing judge noted, TASC reasonably interpreted the ambiguous provisions in his December 2005 Order. The sentence modification was merely an attempt to give effect to the intent of the original sentencing judge in crafting his original Order. In essence, the TASC worker was acting at the direction of the original sentencing judge.
Although Rule 35(b) normally operates as a check on a sentencing judge's inherent authority to modify a sentence, where a judge, in his sentencing Order, reserves that authority to modify a sentence upon the occurrence of certain conditions, Rule 35(b) is not implicated at all. Absent the two provisions in the original sentencing Order directing TASC to conduct an evaluation, the only grounds for a sentence modification would be either Rule 35(b) or 11 Del. C. § 4217. The sentencing Order in this case, however, reserved to the original sentencing judge the authority to modify the sentence. Accordingly, while the original sentencing judge may have cited an incorrect basis for his authority to vacate the July sentence modification, his inherent authority to modify the initial sentence based on the terms of the original sentence itself justified the denial of the State's motion to vacate the modified sentence. In the absence of a Court Rule or statutory mandate compelling us to do so, we will not interfere with "routine, years-long, years-of-practice" internal operating procedures of the Superior Court.
IV. Conclusion
For the foregoing reasons, the November 15, 2004 Order of the Superior Court refusing to vacate the July 2004 sentence modification is AFFIRMED. Sloman's custody status is governed by the sentence entered pursuant to the VOP violation.
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