DOVER, Del. (AP) - A Delaware judge says an inmate serving life in prison can seek a sentence modification.
The judge ruled Wednesday that Charlese Anne Smith, formerly known Charles Clement Smith, is eligible to petition for the modification.
Smith, being held at the men’s maximum-security prison in Smyrna, was convicted in 2003 of burglary, forgery and theft.
Because of two prior felony convictions, prosecutors sought to have Smith declared a habitual criminal. The judge granted their request and sentenced Smith to life in prison for felony burglary.
A law enacted last year allows offenders sentenced as habitual offenders to seek modification of their sentences once they have served any applicable minimum mandatory sentence.
Under the law, cases involving certain types of offenses must be heard first before Smith’s petition can be considered.
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