Wiggins v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE MICHAEL WIGGINS, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 258, 2018 Court Below—Superior Court of the State of Delaware Cr. ID N1412002182 Submitted: August 28, 2018 Decided: August 29, 2018 Before STRINE, Chief Justice; VALIHURA and VAUGHN, Justices. ORDER We have considered the State’s motion to remand for reconsideration of the defendant’s motion for modification of sentence. The State contends that the Superior Court, at the 2016 sentencing hearing, agreed to retain jurisdiction to consider modifying the defendant’s sentence if he completed a GED program. The State thus concedes error in the Superior Court’s rejection of the defendant’s motion as procedurally barred. NOW, THEREFORE, IT IS ORDERED that this matter is REMANDED to the Superior Court to consider the merits of the defendant’s motion. Jurisdiction is not retained. BY THE COURT: /s/ Karen L. Valihura Justice

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