Supreme Court of Delaware

Colon v. State

February 8, 2016

Summary

The Court affirmed the denial of Colon’s motion to correct his sentence. It held that his prior conviction for Attempted Burglary qualified as a predicate felony under the habitual-offender statute because an attempt is an offense of the same grade and degree as the attempted crime, making his sentence lawful. The Court also held that the statute’s reference to attempts in a separate subsection did not exclude attempted felonies from the broader felony provision.