Supreme Court of Delaware

Herbert v. State

November 7, 2023

Summary

The Supreme Court of Delaware affirmed Herbert’s conviction and his five-year minimum mandatory sentence for first-degree unlawful sexual contact involving a child under seven. It held that the applicable statute required five years of unsuspended Level 5 incarceration because the general sentencing provision bars probation or suspension when a statute establishes a minimum sentence. The court also denied Herbert’s motion to correct an illegal sentence.