Supreme Court of Delaware
Livesay v. State
June 9, 2010996 A.2d 794
Summary
The Delaware Supreme Court affirmed the reimposition of Livesay's original sentence after concluding that the later Boot Camp sentence was unauthorized by statute and therefore illegal. The Superior Court had authority under Rule 35(a) to correct the illegal sentence, and its decision to reimpose the original sentence was not an abuse of discretion. The Court also found that counsel satisfied the requirements for withdrawal under Rule 26(c) and that the appeal presented no arguably appealable issue.