Supreme Court of Delaware

Wisher v. State

December 21, 2022

Summary

The Court affirmed the denial of Wisher’s motion for sentence review under Rule 35(b). It held that most of Wisher’s unsuspended Level V sentence consisted of minimum mandatory terms that could not be reduced through Rule 35(b) absent an appropriate Department of Correction application, and that his asserted grounds did not constitute extraordinary circumstances. The Court also held that ineffective-assistance claims must be raised through a postconviction motion rather than a sentence-reduction motion.