Fatir v. State

Supreme Court of Delaware·Decided July 28, 2025·No. 202, 2025·Published

Opinion

IN THE SUPREME COURT OF THE STATE OF DELAWARE

AMIR FATIR f/k/a STERLING § HOBBS, § § No. 202, 2025

Defendant Below, § Appellant, § Court Below—Superior Court § of the State of Delaware v. § § Cr. ID No. 75060892DI (N)

STATE OF DELAWARE, § §

Appellee. §

Submitted: June 6, 2025 Decided: July 28, 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 record on appeal, we find it evident that the judgment below should

be affirmed on the basis of and for the reasons assigned by the Superior Court in its

order, dated April 25, 2025, denying the appellant’s motion for correction of illegal

sentence. The United States Supreme Court’s decision in Erlinger v. United States1

has no bearing on the appellant’s life sentence for first-degree murder.

1 602 U.S. 821, 835 (2024) (holding that a unanimous jury must determine beyond a reasonable doubt whether a defendant's prior offenses were committed on separate occasions for purposes of enhanced sentencing under the Armed Career Criminal Act).

NOW, THEREFORE, IT IS ORDERED that the motion to affirm is

GRANTED, and the judgment of the Superior Court is AFFIRMED.

BY THE COURT:

/s/ Karen L. Valihura

Justice

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Related

Erlinger v. United States
602 U.S. 821 (Supreme Court, 2024)