Opinion
Docket No. 453, 1998.
March 17, 1999.
Appeal from Superior Court, New Castle County, CA 98A-04-008.
AFFIRMED.
Unpublished Opinion is below.
IN THE MATTER OF THE PETITION OF ARTHUR L. PROCTOR FOR A WRIT OF HABEAS CORPUS. No. 183, 1999. Supreme Court of Delaware. Submitted: May 26, 1999. Decided: June 15, 1999.
Before VEASEY, Chief Justice, WALSH and HOLLAND, Justices.
ORDER
This 15th day of June 1999, upon consideration of the petition for a writ of habeas corpus filed by Arthur L. Proctor and the response entitled "motion to affirm" filed by the State of Delaware, it appears to the Court that:
(1) In January 1994, Proctor pled guilty to one count of trafficking in cocaine and was sentenced to five years at Level V incarceration suspended after three years for two years at Level II probation. On November 10, 1998, Proctor was adjudged guilty of violation of probation and was sentenced to six months at Level V.
(2) In July 1994, Proctor pled guilty to one count of second degree forgery and one count of theft. Proctor was sentenced to three years at Level V incarceration suspended for two years at Level III probation and one year at Level II probation. On November 23, 1998, Proctor was adjudged guilty of violation of probation and was sentenced to two years at Level V incarceration suspended for two years at a Level IV halfway house suspended after six months for 18 months at Level III. The November 23 sentencing order provided that Proctor should be held at Level V pending available space at Level IV.
(3) On February 19, 1999, Proctor filed a motion for modification of the November 23 sentence. Proctor asked that the Superior Court release him to Level III to await available space at Level IV. By order dated March 17, 1999, the Superior Court denied Proctor's motion. The court determined that the November 23 sentence was appropriate.
(4) On March 17, 1999, Proctor filed his first petition for a writ of habeas corpus in the Superior Court. Proctor claimed that his continued detention at Level V incarceration was illegal because he had completed his November 10 sentence, and his November 23 sentence did not provide that he should be held at Level V pending placement at Level IV. By order dated March 26, 1999, the Superior Court denied Proctor's petition.
(5) On April 6, 1999, Proctor filed a second petition for a writ of habeas corpus in the Superior Court. Proctor again claimed that he was being held illegally at Level V incarceration. Proctor also complained that the Level V hold was an illegal "enlargement" of his Level IV sentence. By order dated April 9, 1999, the Superior Court denied Proctor's petition.
(6) Proctor did not file an appeal from the Superior Court's April 9 denial of habeas corpus relief, as he had a right to do. Instead, on April 28, 1999, Proctor filed the pending petition for a writ of habeas corpus in this Court. In his petition, Proctor complains, as he did in the Superior Court, that he is being held illegally at Level V incarceration. Furthermore, Proctor now claims that his November 10 and November 23 sentences were imposed concurrently, and thus he has served six months at Level IV and should be released to Level III.
(7) Under Article IV, § 11( 6) of the Delaware Constitution and Supreme Court Rule 43, this Court has limited jurisdiction to issue extraordinary writs. The Court has no original jurisdiction to issue a writ of habeas corpus.
By order dated February 3, 1999, the Superior Court ruled that September 25, 1998, was the effective date of the November 10 sentence.
Proctor also did not appeal from the Superior Court's order of March 17, 1999, that denied his motion for modification of sentence and the Superior Court's order of March 26, 1999, that denied his first petition for a writ of habeas corpus.
In re Cantrell, Del.Supr., 678 A.2d 525, 526 (1996); Rocker v. State, Del.Supr., 240 A.2d 141, 142 (1968); 10 Del. C. § 6901.
NOW, THEREFORE IT IS ORDERED that Proctor's petition for a writ of habeas corpus is DISMISSED.
BY THE COURT:
/s/ Joseph T. Walsh, Justice.