Schmidt v. State

Summary

The Delaware Supreme Court affirmed the denial of John H. Schmidt, Jr.'s motion to modify his sentence under Superior Court Criminal Rule 35(b). The Court held that Schmidt did not identify error in the Superior Court's ruling and that his request for an order requiring the Department of Correction to file a sentence-reduction application effectively sought mandamus relief, which the Court lacked jurisdiction to issue.

Holdings

1. The Superior Court properly denied Schmidt's motion because it was filed more than ninety days after sentencing and Schmidt did not establish extraordinary circumstances or satisfy the statutory procedure under 11 Del. C. § 4217.
2. The Supreme Court lacked jurisdiction to issue a writ of mandamus to the Department of Correction, and Schmidt had not established a basis for compelling the Department to file a § 4217 application.

Questions Presented

1. Whether the Superior Court abused its discretion by denying Schmidt's untimely Rule 35(b) motion for sentence modification.
2. Whether Schmidt could obtain an order compelling the Department of Correction to file an application for sentence modification under 11 Del. C. § 4217.
3. Whether the Supreme Court had jurisdiction to issue a writ of mandamus against the Department of Correction.

Disposition

affirmed