FROST v. STATE, 888 A.2d 231 (Del. 2005)

RICHARD B. FROST, Defendant Below-Appellant, v. STATE OF DELAWARE, Plaintiff Below-Appellee.

No. 441, 2005.Supreme Court of Delaware.Submitted: September 28, 2005.
Decided: November 28, 2005.

Superior Court of the State of Delaware, in and for New Castle County, Cr. ID 0403021979.

Before STEELE, Chief Justice, JACOBS, and RIDGELY, Justices.

ORDER
HENRY DuPONT RIDGELY, Justice.

This 28th day of November 2005, after careful consideration of Richard Frost’s opening brief, the State’s motion to affirm, and the record below, we find it manifest that the judgment of the Superior Court should be affirmed on the basis of the Superior Court’s decision dated September 6, 2005. The Superior Court did not err in denying Frost’s fifth motion for sentence modification.

NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED.