IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

STATE OF DELAWARE, )

)

v. ) ID No. 1803009090, 1809005953

)

TYION ROBINSON, )

)

Defendant. )

)

Date Submitted: October 26, 2023

Date Decided: November 21, 2023

ORDER

Upon consideration of Defendant Tyion Robinson’s (“Robinson”) Letter 

Request for Sentence Modification (“Motion”),1 Superior Court Criminal Rule 

35(b), statutory and decisional law, and the record in this case, IT APPEARS 

THAT:

(1) On May 7, 2018, Robinson was indicted in the case ending in 9090

(“the A Case”).

2

 On September 24, 2018, Robinson pled guilty in the A Case to 

Robbery Second (IN18-04-0203)3and was sentenced as follows: for Robbery 

Second, 5 years at Level V suspended immediately for 2 years at Level IV DOC 

1 D.I. 27A, D.I. 44B. Robinson submitted a letter to the Court asking for his Level V sentence to 

be amended. While he did not explicitly move under Rule 35(b), the Court reviews his letter as 

such. 

2 D.I. 5A. 

3 D.I. 16A. 
2

Discretion, suspended after 6 months for 1 year at Level III.4

(2) On November 5, 2018, Robinson was indicted in the case ending in 

5953 (“the B Case”).

5

 On September 9, 2019, Robinson pled guilty in the B Case to 

Assault Second (IN18-09-1114) and Robbery Second (IN18-09-1112),

6

and was 

sentenced as follows: for Assault Second, 8 years at Level V, suspended for 1 year 

at Level III; and for Robbery Second, 5 years at Level V, suspended after 2 years for 

1 year Level III GPS.

7

(3) On August 5, 2022, Robinson was found in violation of probation 

(“VOP”)8 on the Robbery Second in the A Case, and the Assault Second and 

Robbery Second in the B Case.9 

(4) Robinson’s VOP sentence in the A Case is as follows: Robbery Second 

VOP (VN18-04-0203-01), 5 years at Level V suspended after 6 months, for 1 year 

Level III GPS.

10

 

(5) His VOP sentence in the B Case is: Assault Second VOP (VN18-09-

1114-01), 8 years at Level V, suspended after 6 months, for 1 year Level III GPS; 

4 D.I. 17A. 

5 D.I. 6B. 

6 D.I. 36B.

7 D.I. 37B. In addition, Robinson is ordered to pay restitution in the amount of $800.00. Id.

8 At that time, Robinson was serving his Level IV sentence in the A Case and scheduled to serve 

his Level III GPS sentence in the B Case. 

9 D.I. 25A, D.I. 42B.

10 D.I. 26A. 
3

and for Robbery Second VOP (VN18-09-1112-01), 3 years at Level V, suspended 

for 1 year Level III GPS.11

(6) Robinson filed the instant Motion on October 26, 2023.12 He asks the 

Court to modify his VOP Sentences by either “tak[ing] 6 months off of the 1 year

[Level V time] . . . or the whole year for completion of [] [a] 90 day Program” or to 

run the sentences concurrent.13 In support of his request, Robinson states he is half

way done with a 6 month program called, “Thinking Things Through,” and that he 

has a “great support system.”

14

(7) Rule 35(b) governs motions for modification or reduction of sentence.15 

“Under Rule 35(b), a motion for sentence modification must be filed within ninety 

days of sentencing, absent a showing of ‘extraordinary circumstances.’”16 Rule 

35(b) also mandates that “[t]he [C]ourt will not consider repetitive requests for 

reduction of sentence.”17 “[T]his bar is absolute and flatly ‘prohibits repetitive 

11 D.I. 43B. 

12 D.I. 27A, D.I. 44B. 

13 D.I. 27A, D.I. 44B. 

14 D.I. 27A, D.I. 44B. 

15 Super. Ct. Crim. R. 35(b).

16 Croll v. State, 2020 WL 1909193, at *1 (Del. Apr. 17, 2020) (TABLE) (affirming the Superior 

Court’s denial of a motion for modification of sentence where the motion was repetitive and filed 

beyond the 90-day limit); see Hewett v. State, 2014 WL 5020251, at *1 (Del. Oct. 7, 2014) (“When

[] a motion for reduction of sentence is filed within ninety days of sentencing, the Superior Court 

has broad discretion to decide whether to alter its judgment.”).

17 Super. Ct. Crim. R. 35(b) (emphasis added).
4

requests for reduction of sentence.’”18 

(8) Robinson’s Motion is procedurally barred as untimely. Robinson filed 

the instant Motion on October 30, 2023,19 more than a year past the ninety-day 

window.20

(9) The Court may only consider an untimely Rule 35(b) motion in two 

circumstances: when a movant demonstrates “extraordinary circumstances” or when 

the motion is filed pursuant to 11 Del. C. § 4217.21 Robinson has not identified any 

“extraordinary circumstances,”22 and his Motion was not filed pursuant to 11 Del. 

C. § 4217.

NOW, THEREFORE, IT IS HEREBY ORDERED that Robinson’s Letter 

Request for Sentence Modification is DENIED.

/s/ Jan R. Jurden

Jan R. Jurden, President Judge

18 State v. Redden, 111 A.3d 602, 609 (Del. Super. 2015) (quoting Thomas v. State, 2002 WL 

31681804, at *1 (Del. Nov. 25, 2002)).

19 D.I. 27A, D.I. 44B. 

20 The Court sentenced Robinson on August 5, 2022. D.I. 26A, D.I. 43B.

21 Super. Ct. Crim. R. 35(b).

22 See State v. Remedio, 108 A.3d 326, 332 (Del. Super. 2014) (explaining that extraordinary 

circumstances must specifically justify the delay, be beyond the movant’s control, and be the 

reason the movant was prevented from timely filing). 
5

Original to Prothonotary

cc: Jillian L. Schroeder, DAG 

Tyion Robinson (SBI# 00801096)