Supreme Court of Delaware
Ellerbe v. State
February 2, 2017
Summary
The Court affirmed the denial of Ellerbe’s motion to correct an illegal sentence. It held that a Rule 35(a) motion could not be used to challenge alleged errors in the prosecution or convictions, and that the convictions for Drug Dealing and Aggravated Possession did not violate double jeopardy because the offenses required proof of different elements. The court also concluded that the convictions were properly merged for sentencing and that the sentence imposed for one offense was statutorily authorized.