SAMO v. STATE, 19 A.3d 302 (Del. 2011)

JOSE SAMO, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee.

No. 123, 2011.Supreme Court of Delaware.Submitted: March 24, 2011.
Decided: April 19, 2011.

Court Below — Superior Court of the State of Delaware in and for New Castle County, Cr. ID No. 1009006793.

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

ORDER
MYRON T. STEELE, Chief Justice.

This 19th day of April 2011, after consideration of the appellant’s opening brief and the appellee’s motion to affirm, it is manifest that the Superior Court’s denial of the appellant’s “Motion for Review of Sentence(s)” should be affirmed.[*] The Superior Court did not err when concluding in its February 4, 2011 order that the appellant’s motion was without basis in law or fact.

NOW, THEREFORE, IT IS ORDERED that the motion to affirm is GRANTED. The judgment of the Superior Court is AFFIRMED.

[*] The appellant sought to correct the allegedly illegal sentence imposed on December 14, 2010 in Cr. ID No. 1009006793 (for the appellant’s guilty plea to one count of Theft of a Motor Vehicle) and to amend the sentence imposed on December 15, 2010 in Cr. ID No. 0909019961 (for the appellant’s conviction on a violation of probation).

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