State v. Lewis

WALSH, Justice,

for the Majority.

The State of Delaware (“State”) initiated this appeal from a decision of the Superior Court that denied the State’s motion to vacate an order granting the appellee, Roy Lewis’ (“Lewis”) motion for modification of sentence. The State contends that the Superior Court lacked authority under Superior Court Criminal Rule 35(b) to modify a sentence after the terms of the sentence had expired. Even if such authority exists, the State further argues, the granting of such in this case constituted an abuse of discretion.

We conclude that the Superior Court has authority…