Submitted: April 10, 2019
Below: Superior Court of the State of Delaware Cr. IDs:
1008015710 1104021979 1205003223
appeal from the Superior Court. VACATED in part and REMANDED.
Benjamin S. Gifford IV, Esquire, Wilmington, Delaware for
Appellant Jerry Longford-Myers.
B. O'Connor, Esquire, Department of Justice, Wilmington,
Delaware for Appellee State of Delaware.
STRINE, Chief Justice; VALIHURA and TRAYNOR, Justices.
case has a complicated history but presents a relatively
simple issue: When a Superior Court sentence order contains
sentences for multiple convictions, one of which is subject
to modification under Superior Court Rule 35(a) because it is
illegal, may the court also modify other lawful sentences
within the order when it corrects the illegal sentence? We
conclude that the Superior Court may not. Accordingly, we
reverse the judgment of the Superior Court and remand with
Longford-Myers has had his share of encounters with the law.
The portions of those encounters relevant to this case begin
on August 10, 2011. On that date, Longford-Myers pleaded
guilty to one count of maintaining a dwelling for keeping
controlled substances,  and the Superior Court sentenced
him to two years' imprisonment suspended for one year of
probation. The remainder of this opinion refers to this case
as the "2011 Maintaining Case."
in a case unrelated to the 2011 Maintaining Case just
mentioned, Longford-Myers pleaded guilty on November 7, 2012
to possession of a firearm during the commission of a
felony ("PFDCF") and drug
dealing. The Superior Court sentenced
Longford-Myers to eight years' imprisonment suspended
after three years for 18 months' probation for the PFDCF
charge and 8 years' imprisonment suspended for 18
months' probation for the drug dealing charge. The
remainder of this opinion refers to this case as the
"2012 Firearm/Drug Dealing Case."
on January 30, 2018, Longford-Myers pleaded guilty to
second-degree assault. The conviction that resulted from this
plea was a violation of the terms of Longford-Myers'
probation sentences in the 2011 Maintaining Case and the 2012
Firearm/Drug Dealing Case.
of those probation violations, the Superior Court resentenced
Longford-Myers on February 6, 2018. In the 2011 Maintaining
Case, the Superior Court resentenced Longford-Myers to two
years' imprisonment suspended after one year. In the 2012
Firearm/Drug Dealing case, the Superior Court resentenced
Longford-Myers to four years' imprisonment suspended
after one year for the PFDCF charge and five years'
imprisonment suspended after one year for the drug dealing
charge. In all, Longford-Myers received three years of
non-suspended prison time at his resentencing.
April 19, 2018, Longford-Myers moved under Superior Court
Criminal Rule 35 to correct a portion of that resentencing.
In particular, Longford-Myers alleged that his resentencing
in the 2011 Maintaining Case was illegal because he had
served all of the prison time for that conviction.
State filed a response on June 1, 2018, agreeing with
Longford-Myers that the resentencing in the 2011 Maintaining
Case was illegal. The State separately asserted that
Longford-Myers' original PFDCF sentence imposed on
November 7, 2012 in the 2012 Firearm/Drug Dealing Case was
also illegal because it included a suspended portion in
violation of 11 Del. C. ...