Supreme Court of Delaware
Jerry Longford-Myers, Defendant Below, Appellant v. State of Delaware, Plaintiff Below, Appellee.
June 27, 2019213 A.3d 556
Summary
The court held that Superior Court Criminal Rule 35(a) permits correction of an illegal sentence but does not authorize modification of a separate, lawful sentence in the same sentencing order. Because Longford-Myers's drug-dealing sentence was lawful and the State identified no other source of authority for changing it, the Superior Court abused its discretion. The court vacated that portion of the later order and remanded for reinstatement of the original sentence.