Summary
affirming denial of postconviction motion because movant had been discharged as unimproved from probation associated with charges for which he sought postconviction relief and was therefore no longer subject to custody for those charges
Summary of this case from In re Petition of ColemanOpinion
No. 249, 2003.
Submitted: June 19, 2003.
Decided: July 18, 2003.
Court Below-Superior Court of the State of Delaware, in and for New Castle County Cr.A. Nos. IN87-07-0944 and -0945 Cr. ID 30704118DI
Affirmed.
Unpublished opinion is below.
KEVIN S. EPPERSON, Defendant Below-Appellant, v. STATE OF DELAWARE, Plaintiff Below-Appellee. No. 249, 2003. Supreme Court of Delaware. Submitted: June 19, 2003. Decided: July 18, 2003.
Before VEASEY, Chief Justice, HOLLAND, and BERGER, Justices.
ORDER
Randy J. Holland, Justice
This 18th day of July 2002, after careful consideration of the appellant's opening brief, the State's motion to affirm, and the record below, we find it manifest on the face of the opening brief that the judgment of the Superior Court should be affirmed on the basis of the Superior Court's well-reasoned order dated May 6, 2003. The Superior Court did not err in concluding that Epperson's latest postconviction petition should be denied because Epperson previously had been discharged as unimproved from the probationary sentence associated with the charges for which he sought postconviction relief. Thus, Epperson is no longer subject to custody as a result of those prior charges.
See DEL. SUPER.CT.CRIM.R. 61(a)(1) (postconviction relief available to a person "in custody or subject to future custody under a sentence" of the Superior Court).
NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED.