Boyer v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE DONALD J. BOYER, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 258 , 2006 Court Below Superior Court of the State of Delaware, in and for New Castle County Cr. ID 86010533DI Submitted: July 11, 2006 Decided: August 15, 2006 Before STEELE, Chief Justice, JACOBS, and RIDGELY, Justices. ORDER This 15th day of August 2006, after careful consideration of appellant s opening brief and the State s motion to affirm, we find it manifest that the judgment of the Superior Court should be affirmed on the basis that the issue raised by Boyer is controlled by well-settled Delaware law. In Evans v. State, 872 A.2d 539 (Del. 2005), this Court rejected the argument that a parolable life sentence should be treated as a fixed term of 45 years. Boyer s appeal offers no basis to reconsider that holding. NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED. BY THE COURT: /s/Henry duPont Ridgely Justice

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