Nieves-Parrailla v. State

Summary

The Supreme Court of Delaware affirmed the Superior Court’s denial of Nieves-Parrilla’s motion to modify his sentence. Because the motion was filed more than ninety days after sentencing, it could proceed only upon extraordinary circumstances or a qualifying Department of Correction application, and the desire to be deported did not satisfy that standard. Any claim that counsel was ineffective for failing to advise about deportation had to be brought through a postconviction motion rather than a sentence-modification motion.