Anderson v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE PETE C. ANDERSON, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 469, 2007 Court Below Superior Court of the State of Delaware, in and for New Castle County Cr. ID 91009594DI Submitted: October 5, 2007 Decided: December 17, 2007 Before BERGER, JACOBS, and RIDGELY, Justices. ORDER This 17th day of December 2007, 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. The Superior Court s treatment of Anderson s motion for correction of sentence as a motion for modification of sentence was harmless because it is manifest that Anderson s sentence for possession of a deadly weapon during the commission of a felony is not illegal. NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED. BY THE COURT: /s/ Jack B. Jacobs Justice

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