Opinion
No. 258, 2018
08-29-2018
MICHAEL WIGGINS, Defendant Below-Appellant, v. STATE OF DELAWARE, Plaintiff Below-Appellee.
Court Below—Superior Court of the State of Delaware Cr. ID N1412002182 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