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STATE v. LEWIS

No. 548, 2000.

797 A.2d 1198 (2002)

STATE of Delaware, Plaintiff Below, Appellant, v. Roy LEWIS, Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: May 16, 2002.

As Corrected May 20, 2002.

Attorney(s) appearing for the Case

Paul R. Wallace, Esquire (argued) and Kathleen V. Edwards, Esquire, Deputy Attorneys General, Department of Justice, Wilmington, Delaware, for Appellant.

Christopher D. Tease, Esquire, Wilmington, Delaware, for Appellee.

Before VEASEY, Chief Justice, WALSH, HOLLAND, BERGER, and STEELE, Justices, constituting the Court En Banc.

WALSH, Justice, for the Majority.

The State of Delaware ("State") initiated this appeal from a decision of the Superior Court that denied the State's motion to vacate an order granting the appellee, Roy Lewis' ("Lewis") motion for modification of sentence. The State contends that the Superior Court lacked authority under Superior Court Criminal Rule 35(b) to modify a sentence after the terms of the sentence had expired. Even if such authority exists, the State further...

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