Supreme Court of Delaware

Johnson v. State

April 6, 2022

Summary

The Court affirmed the denial of Johnson's motion to correct an illegal sentence. It held that the ninety-nine-year Level V sentence imposed after Johnson violated probation was not illegal because it did not exceed the remaining balance of his original sentence and did not violate the Eighth Amendment. The Court also held that Johnson could not obtain a reduction under Rule 35(b) because he had previously sought reduction of the same VOP sentence.