Supreme Court of Delaware

Johnson v. State

August 17, 2023

Summary

The Court affirmed the denial of Johnson’s motion to correct his habitual-offender sentence as illegal. Although the sentencing judge referred to the wrong statutory subsection during sentencing, the record, the parties’ arguments, the sentencing order, and the judge’s stated intent showed that Johnson was sentenced under the applicable habitual-offender statute. The Court concluded that the misstatement did not make the sentence internally contradictory or otherwise illegal.