Wood v. State (Del. 2025): Indictment Mis-Citation, Continuous Sexual Abuse, and the Limits of “Illegal Sentence” under Rule 35(a)

I. Introduction

In Wood v. State, No. 518, 2024 (Del. Dec. 22, 2025), the Delaware Supreme Court affirmed the Superior Court’s denial of Bruce Wood’s motion to correct an illegal sentence under Superior Court Criminal Rule 35(a). Although the Court disposed of the case by order, the decision is doctrinally significant in three principal respects:

It clarifies that mis-citation and mislabeling of sex offenses in an indictment (caused by intervening statutory reorganization) can be treated as errors of form, not substance, where the charging document clearly alleges the elements of the correct offense and does not prejudice the defendant.
It extends prior double jeopardy analysis to confirm that first-degree unlawful sexual intercourse (the pre‑amendment counterpart to first-degree rape) and Continuous Sexual Abuse of a Child (CSAC) are separate offenses permitting cumulative punishment.
It reiterates and applies a strict, narrow conception of “illegal sentence” under Rule 35(a), foreclosing attempts to use that rule to relitigate trial errors, sufficiency of the evidence, ineffective assistance, or guideline-based “excessiveness.”

The case arises out of Wood’s 2007 convictions for multiple sex offenses—eight counts involving victim CG, eight counts involving victim SP, and two CSAC counts—resulting in a 290‑year prison sentence that has withstood direct appeal, several postconviction motions, and federal habeas review.

In this commentary, the Opinion is analyzed against the backdrop of Delaware’s evolving sex‑offense statutory scheme, the doctrine on defective indictments, double jeopardy, and the jurisprudence on “illegal sentences” under Rule 35(a). The focus is on how Wood consolidates and incrementally develops existing precedent, and what it signals for future litigation in serious sexual offense cases.

II. Summary of the Opinion

A. Procedural Background

In 2007, a Superior Court jury convicted Bruce Wood of:

Eight counts of first-degree rape of CG (the “CG Counts”), based on conduct between September 1, 1996, and June 30, 1998.
Eight counts of first-degree rape of SP (the “SP Counts”), based on conduct beginning in 2000, where Wood stood in a position of trust and the victim was under sixteen.
Two counts of Continuous Sexual Abuse of a Child (CSAC), one as to each victim.

The Superior Court imposed an aggregate sentence of 290 years’ incarceration. The Delaware Supreme Court affirmed on direct appeal in Wood v. State, 956 A.2d 1228 (Del. 2008). Between 2009 and 2017, Wood filed three unsuccessful Rule 61 postconviction motions, and he also failed in his federal habeas efforts.

In 2024, Wood returned to the Superior Court with a Rule 35(a) motion to correct what he characterized as an “illegal sentence,” raising multiple theories:

His sentences for first‑degree rape and CSAC violated the Double Jeopardy Clause.
His CSAC sentences were “excessive,” based on “demonstrably false” information and unsupported by aggravating factors or SENTAC guidelines.
The sentencing judge allegedly sentenced him with a “closed mind.”

On appeal to the Supreme Court, he expanded his arguments to include:

Allegedly confusing and inaccurate jury instructions.
Insufficient evidence to support the convictions.
Ineffective assistance of trial counsel (failure to seek a bill of particulars).

The Superior Court denied the Rule 35(a) motion, and Wood appealed.

B. Issues Addressed by the Supreme Court

The Delaware Supreme Court addressed:

Whether errors in the indictment for the CG Counts—referring to “first-degree rape” and citing 11 Del. C. § 773 when that statute then defined third-degree unlawful sexual intercourse—rendered the convictions and sentences illegal.
Whether Wood’s sentences for first-degree unlawful sexual intercourse/rape and CSAC violated double jeopardy.
Whether his challenges to jury instructions, sufficiency of the evidence, and ineffective assistance could be raised via Rule 35(a).
Whether exceeding SENTAC guidelines or omitting explicit aggravating factors makes a sentence “illegal” under Rule 35(a).
Whether the record showed sentencing based on false information or judicial bias.

C. Core Holdings

The Court:

Affirmed the Superior Court’s denial of Wood’s Rule 35(a) motion.
Held that the errors in the grand jury indictment for the CG Counts were errors of form, not substance, because the indictment correctly alleged the elements of first-degree unlawful sexual intercourse under then‑extant 11 Del. C. § 775, and did not prejudice Wood.
Concluded that Wood was legally convicted and sentenced for first-degree unlawful sexual intercourse as to CG, despite the mis-citation.
Reaffirmed that first-degree rape and CSAC are distinct offenses for double jeopardy purposes, and extended that rationale to conclude that first-degree unlawful sexual intercourse and CSAC are likewise distinct, allowing cumulative punishment.
Held that:
- Claims about confusing jury instructions, evidentiary sufficiency, and ineffective assistance do not concern the legality of Wood’s sentence and are not cognizable under Rule 35(a).
- Exceeding non‑binding SENTAC guidelines and failing to state aggravating factors “for the record” do not render a sentence illegal where the sentence is within statutory limits.
- The record did not support Wood’s assertions of sentencing based on false information or a “closed mind.”

III. Analysis of the Opinion

A. Standards of Review and the Definition of “Illegal Sentence”

The Court restates the now-settled framework for Rule 35(a) motions:

Standard of review: Denial of a Rule 35(a) motion is reviewed for abuse of discretion, but legal questions are reviewed de novo, citing Fountain v. State, 2014 WL 4102069 (Del. Aug. 19, 2014).
Definition of “illegal sentence”: The Court quotes Brittingham v. State, 705 A.2d 577, 578 (Del. 1998), which has become the canonical Delaware definition. A sentence is illegal if it:
- Exceeds statutory limits.
- Violates the Double Jeopardy Clause.
- Is ambiguous as to time or manner of service.
- Is internally contradictory.
- Omits a statutorily required term.
- Is uncertain as to substance.
- Is a sentence that the judgment of conviction did not authorize.

This definition is crucial because the Court uses it to screen out several of Wood’s complaints. Challenges to the conduct of trial (instructions, sufficiency, counsel performance) are not “illegal sentence” arguments under this standard; they must be raised via direct appeal or Rule 61 postconviction motions, not through Rule 35(a).

B. The Indictment Mis-Citation for the CG Counts

1. Statutory Background

The heart of the Court’s sua sponte concern—and a key reason this order is doctrinally notable—lies in the interplay between Delaware’s pre‑2000 and post‑2000 sex‑offense statutes. When Wood committed the offenses against CG (between September 1, 1996, and June 30, 1998):

There was no offense titled “first-degree rape” in the code.
Then‑extant 11 Del. C. § 773 defined third-degree unlawful sexual intercourse, a class B or C felony.
Then‑extant 11 Del. C. § 775 defined first-degree unlawful sexual intercourse, a class A felony—essentially the most serious “rape” offense under the law at that time.

Later legislative amendments reorganized and renamed the offenses, including redefining § 773 to cover first-degree rape. By the time of the offenses against SP (circa 2000), the indictment correctly cited § 773 as the first-degree rape statute.

The problem: the indictment for the CG Counts mislabeled the offenses as “first-degree rape” and cited § 773, even though:

That label (“first-degree rape”) did not exist at the time of the conduct.
Section 773 at the time of the conduct related to third-degree unlawful sexual intercourse, not the most serious degree.

2. The Court’s Sua Sponte Inquiry

After Wood filed his opening brief, the State moved for summary affirmance on the ground that the appeal was meritless on its face. The Court, instead of summarily affirming, denied that motion and specifically directed the State to address the “apparent errors” in the indictment. This reflects the Court’s sensitivity to potential structural problems—particularly where a defendant might otherwise appear to have been convicted for a non‑existent or mis‑charged offense.

The State conceded the mis‑citations but argued that Wood was nonetheless legally convicted and sentenced for first-degree unlawful sexual intercourse under then‑existing § 775. The Court agreed.

3. Form versus Substance in Indictment Defects

The key analytical move is the Court’s classification of the errors as ones of form, not substance. The Court draws on:

Robinson v. State, 600 A.2d 356, 359 (Del. 1991): A trial court may amend an indictment “as to matters of form, but not as to matters of substance,” so long as:
- No new, additional, or different charge is created; and
- The defendant suffers no prejudice to substantial rights.
Del. Super. Ct. Crim. R. 7(c): An indictment must contain a plain, concise, and definite statement of the essential facts constituting the offense. An error in statutory citation is not grounds for dismissal if it did not mislead the defendant to his prejudice.
Kellam v. State, 341 A.3d 475, 492 (Del. 2025): A defect in an indictment that is curable by amendment does not deprive the Superior Court of jurisdiction.

The Court notes that the indictment here, despite mislabeling the offense as “first-degree rape” and mis‑citing § 773, nonetheless:

Correctly alleged the essential elements of what was, at the time of the offense, first-degree unlawful sexual intercourse under § 775:
- Intentional sexual intercourse by Wood;
- The victim (CG) was under 12 years of age; and
- Wood was over 18 years of age.
Placed Wood on notice of the factual theory and gravamen of the charges.

On this basis, the Court holds that:

“We conclude that these errors were as to form, however, because the indictment correctly detailed and put Wood on notice of the essential facts that the State was required to (and ultimately did) prove to convict him of first-degree unlawful sexual intercourse under the statutory framework in effect between September 1, 1996, and June 30, 1998.”

Thus, for purposes of both conviction and sentencing, the Court treats the jury’s verdict as a verdict of guilty on eight counts of first-degree unlawful sexual intercourse under § 775, and finds no error in the Superior Court’s sentencing on that basis.

4. Significance of This Treatment

This portion of the Opinion does several things:

It confirms that the factual allegations and elements control over labels and statutory citations when determining the validity of a conviction.
It underscores that indictment mis-citation alone does not render a sentence “illegal” in the Brittingham sense, where the statutory maximums and offense elements are otherwise properly implicated.
It supports the broader principle that, in the context of transitional statutory regimes (such as the change from “unlawful sexual intercourse” to “rape”), courts will protect valid convictions where the defendant’s notice and the jury’s findings align with the correct, time‑of‑offense statute.

C. Double Jeopardy: First-Degree (Unlawful Sexual Intercourse/Rape) and CSAC

1. The Doctrinal Basis: St. Louis v. State

The Court’s double jeopardy analysis rests on St. Louis v. State, 2002 WL 1160979 (Del. May 24, 2002). In St. Louis, the Court held that first-degree rape and CSAC are separate offenses for double jeopardy purposes, because they have “distinct elements.”

Although the Opinion does not explicitly cite the U.S. Supreme Court’s Blockburger test, it implicitly follows that logic: offenses are separate for double jeopardy purposes if each requires proof of a fact that the other does not.

First-degree rape / first-degree unlawful sexual intercourse requires proof of sexual intercourse under certain circumstances (e.g., victim age, position of trust, force, etc.).
CSAC requires proof that the defendant, living with or having recurring access to a child under 14, engaged in three or more acts of “sexual conduct” over a period of at least three months.

“Sexual conduct” is a broader category than “sexual intercourse,” and CSAC does not require that each act (or any act) rise to the level of a specific degree of unlawful sexual intercourse or rape. Nor does a conviction for first‑degree rape/unlawful sexual intercourse require proof of three acts over three months, or that the defendant had recurring access.

2. Extension to First-Degree Unlawful Sexual Intercourse

The Court then draws a parallel:

“The same rationale leads the Court to conclude that the offenses of first-degree unlawful sexual intercourse and CSAC are separate offenses for double jeopardy purposes; that is, each offense requires proof of a fact that the other does not.”

This is a modest but important doctrinal extension. Where St. Louis explicitly addressed first-degree rape (post‑amendment), Wood clarifies that the same double‑jeopardy analysis applies to the earlier offense structure of first-degree unlawful sexual intercourse.

3. Legislative Intent and Cumulative Punishment

The Court underscores that the General Assembly intended to permit cumulative punishment:

For the SP Counts (post‑amendment), it points to 11 Del. C. § 773(b) (2000), which expressly provides:
“Nothing contained in this section shall preclude a separate charge, conviction and sentence for any other crime set forth in this title….”
This is a clear legislative authorization of multiple punishments.
For the CG Counts, the applicable version of § 775 did not contain a parallel “cumulative punishment” clause. Instead, the Court looks to the legislative history of the CSAC statute, citing State v. Leighton, 1996 WL 453332 (Del. Super. Ct. May 13, 1996), which quotes the synopsis of Senate Bill 17 (1993):
“This proposed bill offers a solution [to the difficulties of prosecuting child molesters] by creating a new and separate crime.” (emphasis added)

By emphasizing the creation of a “new and separate crime”, the Court draws a clear inference: the General Assembly intended CSAC to coexist with, not displace, discrete unlawful sexual intercourse/rape charges. Thus, punishing both offenses does not violate double jeopardy.

D. SENTAC Guidelines, Aggravating Factors, and Judicial Discretion

1. SENTAC Guidelines Are Non-Binding

Wood argued that his CSAC sentences were illegal because they were “excessive,” exceeded SENTAC recommendations, and were imposed without express aggravating factors.

The Court’s response, grounded in Brochu v. State, 2016 WL 690650 (Del. Feb. 19, 2016), and Mayes v. State, 604 A.2d 839, 845 (Del. 1992), is clear:

SENTAC guidelines are voluntary and non‑binding.
A defendant has no legal or constitutional right to a sentence that conforms to these guidelines.
Deviation from SENTAC—even substantially—does not, by itself, render a sentence illegal so long as the sentence is within statutory limits.

In Mayes, the Court explicitly rejected the argument that a sentence is reviewable merely because it exceeds SENTAC ranges or because the court failed to put its reasons for an above‑guideline sentence “on the record.”

2. Failure to Recite Aggravating Factors

Wood also argued that the absence of expressly articulated aggravating factors in the sentencing order rendered his sentence illegal. The Court rejects this, holding that:

“[N]either the sentencing court’s failure to state an aggravating factor ‘for the record’ during the sentencing hearing (or, it follows, on the sentencing order) nor its deviation from the voluntary and non-binding SENTAC guidelines is a basis to vacate a sentence that falls within statutory limits—as Wood’s does.”

Thus, even if a sentencing court does not explicitly enumerate aggravators, its sentencing decision remains insulated from Rule 35(a) attack so long as the sentence is within the lawful range and not otherwise invalid under Brittingham.

3. Claims of Judicial Bias and False Information

Wood alleged that his sentence was based on “demonstrably false information” and that the court sentenced him with a “closed mind,” implying bias or vindictiveness.

The Supreme Court, after reviewing the record, “can find no support” for either claim. Although not elaborated in detail, this indicates:

The Court is mindful of due process limits on sentencing (a defendant may not be sentenced based on materially false information), but
Allegations of bias or false information must be substantiated by the record to succeed, particularly in the context of serial, collateral attacks.

E. Claims Inappropriate for Rule 35(a): Trial Errors and Ineffective Assistance

The Court emphasizes that certain categories of claims are not cognizable under Rule 35(a):

Allegedly confusing or inaccurate jury instructions.
Alleged insufficiency of the evidence to support convictions.
Claims of ineffective assistance of counsel (here, failure to file a bill of particulars).

These claims:

Were raised for the first time on appeal from the denial of the Rule 35(a) motion, and thus were reviewed, if at all, only for plain error.
Do not “concern the legality of Wood’s sentence” under Brittingham.

Accordingly, the Court concludes there is “no error, plain or otherwise,” and disposes of these arguments summarily.

The implicit guidance is procedural and important: Rule 35(a) is not a back door for relitigating trial‑level constitutional claims or evidentiary disputes long after direct appeal and Rule 61 proceedings have concluded.

IV. Complex Concepts Simplified

1. What Is a “Motion to Correct an Illegal Sentence” (Rule 35(a))?

A Rule 35(a) motion allows a defendant to ask the court to correct a sentence that is illegal in a narrow sense. It is not a general tool to attack the conviction or to argue that the sentence is merely “too harsh.”

Under Delaware law (from Brittingham), a sentence is “illegal” if, for example:

It is longer than what the statute allows.
It punishes the defendant twice for the same offense in violation of double jeopardy.
It is internally self-contradictory or unclear about its terms.
It fails to include a mandatory element (such as a required term of post‑release supervision).

Problems with trial procedures (like jury instructions or counsel’s performance) are addressed through other mechanisms (direct appeal, Rule 61), not Rule 35(a).

2. “Form” vs “Substance” in Indictments

An indictment has two key aspects:

Form: the technical details, such as statute number, caption, or minor wording issues.
Substance: the actual facts alleged and the elements of the offense (what the State must prove).

A mistake in the form (e.g., wrong statute number cited) can usually be corrected and does not automatically invalidate a conviction, as long as:

The indictment still clearly states the factual basis and elements of the crime.
The defendant is not misled or prejudiced in preparing his defense.

A defect in substance—like failing to allege an essential element—can be more serious and may invalidate the indictment. In Wood, the Court held the errors were only in form.

3. Double Jeopardy and “Separate Offenses”

The Double Jeopardy Clause (U.S. and Delaware Constitutions) protects against:

Being prosecuted twice for the same offense after acquittal or conviction.
Receiving multiple punishments for the same offense in a single proceeding, unless the legislature clearly authorizes cumulative sentences.

Courts ask whether two crimes are the “same offense” by comparing their elements:

If each crime requires proof of a fact the other does not, they are separate for double jeopardy purposes (even if they arise from the same conduct).

In Wood, first-degree unlawful sexual intercourse/rape and CSAC each require elements the other does not, and the legislature clearly signaled an intent to allow cumulative punishment.

4. Continuous Sexual Abuse of a Child (CSAC)

CSAC is a special offense designed to address the difficulty of prosecuting repeated child sexual abuse that occurs over time. Rather than forcing the child to recall and pinpoint each incident in detail, CSAC allows conviction where the State proves:

The defendant lived with or had recurring access to a child under 14;
Over a period of at least three months;
The defendant committed at least three acts of “sexual conduct” involving that child.

It is not just a “relabeling” of ordinary rape charges; it is a separate crime, created precisely to deal with recurring abuse.

5. SENTAC Guidelines

Delaware’s SENTAC guidelines give recommended sentencing ranges to promote consistency. However:

They are advisory, not mandatory.
A judge can sentence above or below the guidelines, provided the sentence is within the statutory maximum for the offense.
Exceeding SENTAC ranges does not make a sentence “illegal.”

6. “Closed Mind” Sentencing

A defendant sometimes claims a judge sentenced with a “closed mind”—that is, the judge refused to consider mitigating factors or was predetermined to impose a certain sentence. A sentence may be problematic if:

The judge clearly refuses to consider relevant information; or
The sentence is shown to be the product of actual bias or vindictiveness.

In Wood, the Supreme Court found no evidence in the record to support such a claim.

V. Impact and Future Implications

A. Indictment Drafting and Transitional Statutes

Wood sends a clear message to prosecutors and defense counsel in Delaware:

When dealing with historical offenses spanning different statutory regimes (as with pre‑2000 “unlawful sexual intercourse” versus post‑2000 “rape”), precision in statutory citations matters—but not every mis-citation is fatal.
The controlling question is whether the indictment:
- States the essential factual elements of the correct, time‑of‑offense crime; and
- Provides fair notice without prejudicing the defense.

For defense counsel, this decision suggests that:

Challenges to indictment defects must focus on prejudice and lack of notice, not merely on technical errors in statutory citation.
Such challenges are best raised pretrial or on direct appeal, not years later via Rule 35(a).

B. Double Jeopardy in Child Sexual Abuse Prosecutions

By explicitly extending the St. Louis rationale to first-degree unlawful sexual intercourse, Wood reinforces prosecutorial flexibility in serious child sexual abuse cases:

The State may charge and seek cumulative sentences for:
- Discrete acts of first-degree unlawful sexual intercourse/rape; and
- CSAC based on a pattern of abuse.

Future defendants will face a steeper climb in double jeopardy challenges involving combinations of rape (or its historical equivalents) and CSAC; the Court has now clearly signaled these are distinct offenses.

C. Rule 35(a) as a Narrow Remedy

Wood continues a trend in Delaware jurisprudence of strictly confining Rule 35(a) to truly “illegal” sentences, reinforcing:

Finality of convictions and sentences long after direct review.
Separation of sentencing-legality issues (Rule 35(a)) from trial-performance and constitutional issues (Rule 61 and habeas).

For litigants with long sentences in old cases, Wood illustrates that Rule 35(a) is not a vehicle to:

Reargue sufficiency of the evidence;
Challenge jury instructions; or
Raise new ineffective assistance claims.

Those must be pursued, if at all, via postconviction routes subject to time bars and procedural default rules.

D. Sentencing Discretion and Guideline Deviation

By reaffirming that SENTAC deviations and failure to recite aggravating factors do not create an “illegal sentence” so long as statutory limits are respected, the Court underscores:

The broad discretion of trial judges in serious felony sentencing.
The relative insulation of within-range sentences from appellate or collateral attack, absent specific legal defects recognized in Brittingham.

VI. Conclusion

Wood v. State is a concise order that nonetheless performs important work in Delaware criminal law. It:

Clarifies that indictment errors in label and statutory citation—especially in the context of evolving sex-offense statutes—will be treated as formal defects where the indictment’s factual allegations correctly match the elements of the operative crime and do not prejudice the defendant.
Reaffirms and extends the conclusion that rape/first-degree unlawful sexual intercourse and CSAC are distinct offenses, permitting cumulative punishment consistent with legislative intent and double jeopardy principles.
Strongly reasserts the narrow scope of Rule 35(a), distinguishing truly illegal sentences from sentences that are merely severe, guideline‑deviant, or allegedly tainted by trial-level error.
Confirms that exceeding SENTAC guidelines and omitting explicit aggravating factors in the sentencing record do not render a within‑range sentence unlawful or appealable under Rule 35(a).

In the broader legal landscape, Wood reinforces the centrality of elements and factual notice in evaluating indictment validity, the legislature’s prerogative to authorize cumulative punishment in child sexual abuse cases, and the judiciary’s insistence on finality once sentences are lawfully imposed within statutory bounds. It will likely be cited going forward in Delaware jurisprudence whenever courts confront indictment mis-citation in historical sex offenses, double jeopardy challenges involving CSAC, and efforts to expand the reach of Rule 35(a) beyond its tightly defined limits.