Supreme Court of Delaware

Hackett v. State

July 21, 2015

Summary

The Court held that the Superior Court improperly treated Hackett’s motion to correct an illegal sentence as an untimely and repetitive motion for sentence reduction. The suspended portion of Hackett’s habitual-offender sentence violated the governing statute, but the corrected sentence had to include a statutory transition period. The sentence was vacated and the matter remanded for a new sentencing proceeding, with notice to and attendance by Hackett and his counsel.