Brinkley v. State

Summary

The Delaware Supreme Court affirmed the Superior Court’s denial of Jermaine Brinkley’s motion to correct his sentence. The court held that the Superior Court properly corrected a clerical error in the automated sentence order to reflect that five two-year minimum-mandatory Level V terms were imposed consecutively.

Holdings

1. The Superior Court may correct a clerical error in an automated sentence order when necessary to make the record conform to the actual sentence imposed.
2. The corrected sentence order did not illegally enhance Brinkley's sentence because it accurately reflected the consecutive sentence imposed at the original sentencing.

Questions Presented

1. Whether the Superior Court could correct an automated sentence order to remove an erroneous concurrency provision and make the record conform to the sentence actually imposed.
2. Whether the corrected sentence order illegally enhanced Brinkley's sentence.

Disposition

affirmed