Fullman v. State

(for the Majority of the Court):

This appeal questions the propriety of a sentence of imprisonment for 5 years upon a plea of guilty to assault and battery under 11 Del.C. § 105.1 The original charge was assault with intent to commit murder under 11 Del.C. § 577.2

The defendant invokes the rule of Hamilton v. State, Del.Supr., 285 A.2d 807 (1971), which held that the unlimited judicial discretion in sentencing under § 105 may be circumscribed by a statute specifying a maximum penalty for an analagous offense. See also Sheldon v. State, Del. Supr., 291 A.2d 273 (1972). The defendant argues that…