Johnson v. State

Appellant, Lester McKinley Johnson, was convicted of grand larceny in Superior Court. Sentence was imposed on September 10th, 1965, and an appeal therefrom was filed on October 31, 1966. That appeal was dismissed for failure to file within sixty days after the entry of judgment. See Johnson v. State, Del., 227 A.2d 209.

The dismissal occurred on February 17th, 1967. On April 18th, 1967, defendant moved in Superior Court for reduction of his sentence under Criminal Rule 35(b), Del.C.Ann. The trial Judge declined to consider the motion because it had not been filed within the period of four…