Dorsett v. State
This text of Dorsett v. State (Dorsett v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE SUPREME COURT OF THE STATE OF DELAWARE
DEVONTE DORSETT, § § No. 533, 2024 Defendant Below, § Appellant, § Court Below–Superior Court § of the State of Delaware v. § § Cr. ID No. 1701005259 (N) STATE OF DELAWARE, § § Appellee. §
Submitted: January 13, 2025 Decided: March 12, 2025
Before SEITZ, Chief Justice; VALIHURA and TRAYNOR, Justices.
ORDER
After consideration of the appellant’s opening brief, the appellee’s motion to
affirm, and the Superior Court record, we find it evident that the judgment below
should be affirmed on the basis of and for the reasons cited by the Superior Court in
its December 3, 2024 order denying the appellant’s motion for correction of illegal
sentence. To the extent that the appellant raised claims of ineffective assistance of
counsel in his motion, those claims are not cognizable in correction-of-illegal-
sentence proceedings. 1
1 Brittingham v. State, 705 A.2d 577, 578 (Del. 1998) (noting that the narrow function of a motion under Superior Court Criminal Rule 35(a) is to permit the correction of an illegal sentence—not to re-examine errors that occurred before sentencing). NOW, THEREFORE, IT IS ORDERED that the State’s motion to affirm be
GRANTED and the judgment of the Superior Court be AFFIRMED.
BY THE COURT:
/s/ Karen L. Valihura Justice
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