Laboy v. State ( 2015 )

IN THE SUPREME COURT OF THE STATE OF DELAWARE
ARTURO LABOY, §
§ No. 473, 2015
Defendant Below- §
Appellant, §
§
v. § Court Below—Superior Court
§ of the State of Delaware,
STATE OF DELAWARE, § in and for New Castle County
§ Cr. ID Cr. ID 93003649DI
Plaintiff Below- §
Appellee. §
Submitted: October 8, 2015
Decided: December 4, 2015
Before HOLLAND, VALIHURA, and VAUGHN, Justices
ORDER
This 4th day of December 2015, after careful consideration of the appellant’s
opening brief, the State’s motion to affirm, and the record on appeal, we affirm the
judgment below on the basis of the Superior Court=s well-reasoned decision dated
August 4, 2015. The Superior Court did not err in denying the appellant’s motion
for modification or correction of sentence under both Superior Court Criminal Rule
35(a) and 35(b) because the appellant’s sentence is not illegal and his motion was
both untimely and repetitive.
NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior
Court is AFFIRMED.
BY THE COURT:
/s/ Karen L. Valihura
Justice