State v. Anderson
CourtSuperior Court of Delaware
Date FiledSeptember 21, 2026
Docket2408003609
StatusPublished
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Full Opinion
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
STATE OF DELAWARE, )
)
v. ) ID No. 2408003609
)
HARRY W. ANDERSON, )
)
Defendant. )
ORDER
On this 21st day of September, 2026, upon consideration of Harry Anderson’s
(“Defendant”) pro se Motion to Modify Sentence (the “Motion”) made pursuant to
Superior Court Rule of Criminal Procedure (“Rule”) 35(b),1 the sentence imposed
upon Defendant, and the record in this case, it appears to the Court that:
1. On July 25, 2025, Defendant pled guilty to Possession of a Firearm by
a Person Prohibited (PFBPP) and Disregarding a Police Officer’s Signal.2
2. On May 15, 2026, the Court sentenced Defendant to 8 years of
unsuspended time at Level V, followed by decreasing levels of probation
supervision.3
1
Docket Item (hereinafter “D.I.”) 52 (hereinafter “Mot.”) in Case ID No. 2408003609. All
references to the docket herein refer to Case ID No. 2408003609.
2
D.I. 45.
3
D.I. 51. Specifically, Defendant’s sentence was 15 years at Level V, with credit for 44 days
previously served, suspended after 8 years, followed by 10 years at Level IV DOC discretion,
suspended after 6 months, followed by 18 months at Level III. The first 5 years of this sentence
is a mandatory term of incarceration.
3. On August 12, 2026, Defendant filed the Motion, requesting that the
Court reduce his Level V sentence to 5 years.4 The basis for Defendant’s request
was his efforts towards rehabilitation while incarcerated and the hardship his
incarceration imposes on his family. 5
4. The Court considers motions for modification of sentence under Rule
35(b). Before addressing the merits of a motion, the Court first considers the
applicable procedural bars. 6 There are no applicable procedural bars, and thus the
Court considers the Motion on the merits.
5. The Motion is denied. Defendant’s sentence was appropriate at the
time of sentencing. The Court imposed the sentence after a thorough review of the
nature of the violation and the sentencing information available on the record, and
the Court declines to recalibrate an appropriate sentence on the basis articulated by
Defendant.
6. Accordingly, Defendant’s Motion for Sentence Modification is
DENIED.
IT IS SO ORDERED.
Sheldon K. Rennie, Judge
4
Mot. at 2.
5
Id. at 1–2.
6
State v. Redden, 111 A.3d 602, 606 (Del. Super. 2015).