Opinion
No. 411, 2002
Submitted: August 27, 2002
Decided: October 7, 2002
Court of the State of Delaware in and for Sussex County in Cr. ID 9612002787 Nos. 9808002280
Affirmed.
Unpublished opinion is below.
GREGORY S. PHILLIPS, Defendant Below, Appellant, Below-Superior Court v. STATE OF DELAWARE, Plaintiff Below, Appellee. No. 411, 2002 In the Supreme Court of the State of Delaware. Submitted: August 27, 2002 Decided: October 7, 2002
Before VEASEY, Chief Justice, WALSH and HOLLAND, Justices.
Joseph T. Walsh, Justice:
ORDER
This 7th day of October 2002, after careful consideration of the appellant's opening brief, the State's motion to affirm and the record, we find it manifest that the judgment of the Superior Court should be affirmed on the basis of the Superior Court's decision dated July 10, 2002. The Superior Court did not abuse its discretion when it denied the appellant's motion for a reduction of sentence as untimely.
NOW, THEREFORE, IT IS ORDERED that the motion to affirm is GRANTED. The judgment of the Superior Court is AFFIRMED.
Absent extraordinary circumstances, a motion for reduction of sentence must be filed within ninety days of sentencing. Super. Ct. R. 35(b).