Supreme Court of Delaware

Elmore v. State

July 21, 2016

Summary

The Court affirmed the denial of Elmore’s motion challenging his ten-year minimum mandatory sentence for possession of a firearm by a person prohibited. Although the Superior Court mischaracterized the motion as one for sentence modification, the Supreme Court held that the motion failed on the merits because the sentence was required by statute based on Elmore’s two prior second-degree robbery convictions. The Court also concluded that the sentence was not illegal under Rule 35(a).