IN THE SUPREME COURT OF THE STATE OF DELAWARE

MARK C. BOWIE,

Defendant Below,

Appellant,

v.

STATE OF DELAWARE,

Plaintiff Below,

Appellee.

§

§

§ No. 244, 2015

§

§

§ Court Below—Superior Court

§ of the State of Delaware,

§ in and for Kent County

§ Cr. ID No. 0705016049

§ 

§

Submitted: June 8, 20151

Decided: July 14, 2015

Before HOLLAND, and VALIHURA, and VAUGHN, Justices.

O R D E R

This 14th day of July 2015, upon consideration of the appellant’s opening 

brief, the appellee’s motion to affirm, and the record below, it appears to the Court 

that:

(1) The appellant, Mark C. Bowie, filed this appeal from the Superior 

Court’s denial of his sixth motion for modification of sentence. The State of 

Delaware has filed a motion to affirm the judgment below on the ground that it is 

 

1

The motion to affirm was filed on May 26, 2015, but the record was filed on June 8, 2015.
2

manifest on the face of Bowie’s opening brief that this appeal is without merit.2 

We agree and affirm. 

(2) In June 2007, Bowie pled guilty to Rape in the Second Degree. 

Bowie was sentenced to twenty-five years of Level V incarceration, suspended 

after ten years for six months of Level IV Halfway House or Home Confinement, 

followed by eighteen months of Level III probation. Bowie did not appeal the 

Superior Court’s judgment. 

(3) On May 1, 2015, Bowie filed his sixth motion for modification of 

sentence. Bowie sought transfer of his probation sentence to Maine where his 

family lived and modification of his Level IV Halfway House time to Level IV 

Home Confinement. Bowie contended that modification of his Level IV time was 

necessary because the Department of Veterans Affairs had determined he was 

100% disabled and it would constitute cruel and unusual punishment for him to 

work due to pins in his shoulder. Bowie attached a letter from the Department of 

Veterans Affairs reflecting the disability decision.

(4) The Superior Court denied Bowie’s motion for modification of 

sentence because it was filed more than ninety days after sentencing, Bowie had 

not demonstrated extraordinary circumstances, and the motion was repetitive. This 

appeal followed.

 

2

Supr. Ct. R. 25(a). 
3

(5) On appeal, Bowie argues that the Superior Court erred in denying his 

motion to modify his Level IV Halfway House time to Level IV Home 

Confinement. Bowie contends that work release through his Level IV Halfway 

House time constitutes cruel and unusual punishment because the Department of 

Veterans Affairs has determined that he is 100% disabled and he has pins in his 

shoulder. Because Bowie’s opening brief does not contain any argument regarding 

transfer of his probation to Maine, that claim is deemed to be waived.3 

(6) This Court reviews the Superior Court’s denial of a motion for 

modification of sentence for abuse of discretion.4 Under Superior Court Criminal 

Rule 35(b), the Superior Court will consider a motion for reduction or modification 

of sentence filed more than ninety days after sentencing only in extraordinary 

circumstances or pursuant to 11 Del. C. § 4217. Superior Court Criminal Rule 

35(b) also provides that the Superior Court will not consider repetitive requests for 

sentence modification. 

(7) The Superior Court did not err in denying Bowie’s motion for 

sentence modification. Bowie filed the motion more than ninety days after 

imposition of his sentence and has not shown extraordinary circumstances 

warranting modification of his sentence. There is no indication Bowie has begun 

 

3 Murphy v. State, 632 A.2d 1150, 1152 (Del. 1993).

4 Wallace v. State, 2014 WL 707168, at *1 (Del. Feb. 17, 2014).
4

serving his Level IV time or is being required to perform work that he is physically 

incapable of performing. Bowie’s motion for sentence modification was also 

repetitive and the Department of Correction has not filed an application pursuant to 

11 Del. C. § 4217. 

NOW, THEREFORE, IT IS ORDERED that motion to affirm is GRANTED 

and the judgment of the Superior Court is AFFIRMED.

BY THE COURT:

/s/ Karen L. Valihura

Justice