Whiteman v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE BENJAMIN F. WHITEMAN, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 71, 2009 Court Below Superior Court of the State of Delaware, in and for New Castle County Cr. ID 30901716DI and 30604628DI Submitted: March 23, 2009 Decided: April 27, 2009 Corrected: August 3, 2009 Before STEELE, Chief Justice, HOLLAND and BERGER, Justices. This 3rd day of August 2009, after careful consideration of the 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 February 4, 2009. Whiteman has filed numerous unsuccessful motions and writs challenging, for various reasons, the legality of his 1989 life sentence as a habitual offender. The Superior Court committed no error in denying Whiteman s latest repetitive and frivolous 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

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