Dignan v. State

Summary

The Delaware Supreme Court affirmed the Superior Court’s denial of Frank Dignan’s motion to correct an allegedly illegal sentence for second-degree burglary. The Court held that 11 Del. C. § 825 establishes minimum, not maximum, sentences, and that the eight-year Level V sentence was authorized for a Class D felony under 11 Del. C. § 4205.

Holdings

1. Section 825 establishes the minimum sentence for second degree burglary; it does not establish the maximum sentence. Because second degree burglary is a class D felony, the maximum permissible sentence under 11 Del. C. § 4205(b)(4) is eight years at Level V.
2. Dignan's sentence was not illegal because the eight-year Level V sentence for second degree burglary was authorized by law.

Questions Presented

1. Whether Dignan's eight-year Level V sentence for second degree burglary was illegal because 11 Del. C. § 825 allegedly limited the sentence to a maximum of three years.
2. Whether the Superior Court properly denied Dignan's motion to correct an illegal sentence.

Disposition

affirmed