State v. John Davis

Syllabus

The defendant, John Davis, appealed from a Superior Court order denying his motion to correct an illegal sentence. On appeal, the defendant argued that the habitual offender statute requires that some portion of a habitual offender sentence be parolable and that, therefore, the ten-year nonparolable habitual offender sentence he received was illegal. <br><br>The Supreme Court held that the plain and unambiguous language of the habitual offender statute does not preclude the sentencing justice from ordering the entire sentence to be served, provided that the habitual sentence does not exceed twenty-five years. Consequently, the Court affirmed the order denying the defendant's motion to correct an illegal sentence. <br><br>