Osburn v. State

WOLCOTT, Chief Justice.

The prisoner seeks review of a sentence of 25 years for armed robbery. He plead guilty to the indictment; the sentencing judge ordered a presentence investigation and, subsequently, imposed the maximum sentence allowed by the statute, 11 Del.C. § 811.

This Court has no power on appeal to reduce a sentence which is within the maximum penalty allowed by the statute. Seeney v. State, Del., 211 A.2d 908; Cannon v. State, Del., 196 A.2d 399; Hinckle v. State, Del., 189 A.2d 432. The prisoner does not contest this rule, but seeks to have his sentence struck and his cause…