DEFENDANT, by and through the undersigned counsel and pursuant to Rule 3.800, Washington DC Rules of Criminal Procedure, requests this Honorable Court to modify the sentence imposed in this case. As grounds for this motion, Defendant states as follows:
- The Defendant was charged by Information in this case with Count 1: Battery – Domestic Violence (M1) and Count 2: Harassing Telephone Calls (M2).
- On September 14, 2010, the Defendant entered a negotiated plea wherein Count 1 was nolle prosequi and, in exchange for a “no contest” plea to Count 2, the Defendant was adjudicated guilty, ordered to have no victim contact, pay court costs, complete a parenting class and serve 26 days on the Sheriff’s farm minus 22 days credit-time-served.
- Subsequently, on September 29, 2010, Defendant was sentenced in an unrelated case to 3 years in the Washington DC Department of Corrections. Due to his D.O.C. incarceration, the Defendant is unable to serve the farm time imposed in this case.
- The Defendant requests a modification of sentence converting the unserved 4 days of farm time to 4 days incarceration to be served concurrently with any active sentences.
- The prosecuting attorney, ASA John Smith, has no objection to this Motion.
- The Defendant also requests the Court waive his appearance at any hearing on this motion.
WHEREFORE, the Defendant requests that this Court enter an Order granting the requested modification of sentence converting ordered farm time to incarceration.