Supreme Court of Delaware

Hernandez-Vargas v. State

October 7, 2020

Summary

The Supreme Court affirmed the denial of Hernandez-Vargas’s untimely motion to modify his sentence under Rule 35(b). It held that his ineffective-assistance claim was not preserved for appeal and that decisions concerning COVID-19-related early release of low-risk prisoners were appropriately left to the Department of Corrections under the statutory sentence-modification process. The Court concluded that the Superior Court did not abuse its discretion.