Supreme Court of Delaware
Lewis v. State
September 5, 2023
Summary
The Supreme Court affirmed the denial of Lewis's Rule 35 motion challenging the legality of his probationary sentence. The Court held that his claim attacked the manner in which the sentence was imposed and was therefore subject to Rule 35's ninety-day time bar; it also noted that Lewis had not supplied the sentencing transcript and had not shown by clear and convincing evidence that he should not be bound by the plea agreement. The Court further rejected an alternative modification argument because Lewis had not presented it to the Superior Court.