Wiggins v. State ( 2018 )

IN THE SUPREME COURT OF THE STATE OF DELAWARE
MICHAEL WIGGINS, §
§ No. 258, 2018
Defendant Below- §
Appellant, §
§
v. § Court Below—Superior Court
§ of the State of Delaware
STATE OF DELAWARE, §
§ Cr. ID N1412002182
Plaintiff Below- §
Appellee. §
Submitted: August 28, 2018
Decided: August 29, 2018
Before STRINE, Chief Justice; VALIHURA and VAUGHN, Justices.
ORDER
We have considered the State’s motion to remand for reconsideration of the
defendant’s motion for modification of sentence. The State contends that the Superior
Court, at the 2016 sentencing hearing, agreed to retain jurisdiction to consider modifying
the defendant’s sentence if he completed a GED program. The State thus concedes error
in the Superior Court’s rejection of the defendant’s motion as procedurally barred.
NOW, THEREFORE, IT IS ORDERED that this matter is REMANDED to the
Superior Court to consider the merits of the defendant’s motion. Jurisdiction is not
retained.
BY THE COURT:
/s/ Karen L. Valihura
Justice