Winn v. State
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IN THE SUPREME COURT OF THE STATE OF DELAWARE HILLARD WINN, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 507, 2002 Court Below Superior Court of the State of Delaware, in and for New Castle County Cr.A. No. IN90-11-0564 Cr. ID 30009092DI Submitted: September 13, 2002 Decided: September 19, 2002 Before WALSH, HOLLAND, and BERGER, Justices. ORDER This 19th day of September 2002, upon consideration of the State s motion to affirm, the Court finds it manifest on the face of the appellant s opening brief that this matter should be affirmed on the basis of, and for the reasons set forth in, the Superior Court s well-reasoned decision dated August 19, 2002. The Superior Court was entirely correct in holding that the appellant s sentence for Robbery in the First Degree, which imposed a ten year period of incarceration followed by six years of decreasing levels of probation, comported with the requirements of 11 Del. C. § 4204(l). The appellant s contention that the Superior Court was required to impose a period of supervision at Level IV is incorrect as a matter of law. The Superior Court therefore did not err in denying the appellant s motion for correction of sentence. NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED. BY THE COURT: /s/ Randy J. Holland Justice 2
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