Fennell v. State

Submitted: May 4, 2005 Before STEELE, Chief Justice, HOLLAND and RIDGELY, Justices ORDER This 19th day of July 2005, upon consideration of the appellant's opening brief and the appellee's motion to affirm pursuant to Supreme Court Rule 25(a), it appears to the Court that: (1) The defendant-appellant, Franklin D. Fennell, filed an appeal from the Superior Court's January 7, 2005 order denying his motion for correction of an illegal sentence pursuant to Superior Court Criminal Rule 35. The plaintiff-appellee, the State of Delaware, has moved to affirm the judgment of the Superior Court on the ground that it is manifest on the face of Fennell's opening brief that the appeal is without merit.1 We agree and AFFIRM.