Supreme Court of Delaware

Eley v. State

March 10, 2010991 A.2d 17

Summary

The Supreme Court of Delaware affirmed the denial of Eley's motion to correct an illegal sentence. It held that his burglary and theft convictions did not violate double jeopardy because they involved distinct and independent acts, that a later-enacted statutory requirement for concurrent probation did not apply to his original sentences, and that his claim regarding credit for Level V time was conclusory. The Court also noted that the claims were not presented below and were not supported by an argument for appellate review in the first instance.