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DENNIS W. LANCE, Defendant Below-Appellant, v. STATE OF DELAWARE, Plaintiff Below-Appellee.

ORDER

MAURICE A. HARTNETT, III, Justice

This 3rd day of January 2000, upon consideration of the briefs on appeal and the record below, it appears to the Court that:

(1) The defendant-appellant, Dennis W. Lance ("Lance"), filed this appeal from an order of the Superior Court denying his motion for modification of sentence pursuant to Superior Court Criminal Rule 35(b) ("Rule 35(b)"). We find no merit to the appeal. Accordingly, we affirm.

(2) In this appeal, Lance claims that he is entitled to additional credit for time served while awaiting sentencing and additional good time credit for participation in various programs since being incarcerated. Lance also asks that those portions of his sentence requiring him to attend the Family Violence Counseling program, refrain from unsupervised contact with his children and pay a monthly fee to the Department of Corrections be rescinded.

(3) In 1990 Lance was convicted of second degree murder. He was sentenced to 20 years in prison, to be suspended after 12 years for 6 years of probation at decreasing levels of supervision. Lance filed a direct appeal from his conviction. After remanding the case to the Superior Court for additional findings, this Court affirmed the conviction and sentence. Lance previously filed a motion for modification of sentence in 1990, but did not pursue it.

Lance v. State, Del. Supr., No. 223, 1990, Holland, J., 1992 WL 53414 (Feb. 19, 1992) (ORDER).

Lance acknowledges that he took no steps to pursue his previous motion in the Superior Court for 9 years.

(4) Lance's motion is time-barred. Pursuant to Rule 35(b), the Superior Court may reduce a sentence of imprisonment on a motion made within 90 days after the sentence is imposed. A motion made more than 90 days after the imposition of sentence may be considered only upon a showing of extraordinary circumstances. Here, Lance filed his motion for modification of sentence 9 years after his sentence was imposed, clearly beyond the prescribed time limit. Moreover, Lance has failed to offer any showing of extraordinary circumstances that would explain his inaction for 9 years. As such, Lance has no remedy pursuant to Rule 35(b).

NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court be, and the same hereby is, AFFIRMED.

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LANCE v. STATE
(Jan 3, 2000)