Gibbs v. State

WOLCOTT, Chief Justice.

This is an appeal from the denial of a motion under Criminal Rule 35(a), Del.C. Ann. to correct an illegal sentence.

In 1964 the prisoner was charged by five separate indictments with five charges of Fourth Degree Burglary. He received a sentence of five years on each charge. In addition, he was sentenced under 11 Del.C. § 3911, to life imprisonment as an habitual criminal. From the life sentence he appealed and won a reversal on the ground that the referred-to statute did not create a criminal offense for which he could be separately charged and convicted. Gibbs v.…