Supreme Court of Delaware

Fisher v. State

September 4, 2019

Summary

The Supreme Court of Delaware affirmed the denial of Fisher’s motion to correct his sentence under Rule 35(a). Although the Superior Court appeared to have treated the motion as one for sentence modification under Rule 35(b), the Supreme Court held that the motion lacked merit under Rule 35(a) because Fisher’s disagreement with the Department of Correction’s calculation of good-time credits and program assignment did not make his sentence illegal. The Court affirmed on that independent ground.