Supreme Court of Delaware
Burton v. State
September 7, 2023
Summary
The Court affirmed the denial of Burton’s motion to correct his sentence. It held that Burton was challenging the manner in which his habitual-offender sentence was imposed, making the motion untimely because it was filed more than fifteen years after sentencing, and alternatively found no defect in the habitual-offender proceedings or resulting sentence. The Court concluded that the State’s unacted-upon draft petition did not create a Double Jeopardy violation and that the sentencing order properly declared Burton a habitual offender.