State v. Sturgis

HOLLAND, Justice:

The State of Delaware appeals 1 from the Superior Court’s final judgment and modified sentencing order, which reduced the minimum mandatory Level V sentence of Edward D. Sturgis (“Sturgis”) for Attempted Murder in the First Degree from fifteen years to the eleven years and six months he had served. This Court granted the State’s motion to stay the Superior Court’s modified sentencing order until this appeal was decided.

The State argues that Sturgis’ modified sentence is illegal for two reasons: first, because Rule 35(b) of the Superior Court’s Rules of Criminal Procedure does…