Miller v. State
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IN THE SUPREME COURT OF THE STATE OF DELAWARE THOMAS RICHARD MILLER, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 554, 2007 Court Below Superior Court of the State of Delaware, in and for Sussex County Cr. ID 92S05488DI Submitted: November 26, 2007 Decided: February 6, 2008 Before STEELE, Chief Justice, HOLLAND, and RIDGELY, Justices. ORDER This 6th day of February 2008, after careful consideration of appellant s opening brief and the State s motion to affirm, we find it manifest that the judgment below should be affirmed on the basis of the Superior Court=s well-reasoned decision dated September 4, 2007. The Superior Court did not err in concluding that appellant s motion for correction of sentence failed to state a claim for relief. The due process claims raised in appellant s motion were not the proper subject of a motion for correction of sentence.1 NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED. BY THE COURT: /s/ Myron T. Steele Chief Justice 1 Brittingham v. State, 705 A.2d 577, 578 (Del. 1998) (holding that rule governing correction of sentence does not permit an examination of errors occurring prior to imposition of sentence). 2
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