Opinion
ID # 9901005150
08-26-2015
Re: State v. Maurice J. Williams
oc: Prothonotary (Criminal Division) Barzilai Axelrod, Deputy Attorney General
FRED S. SILVERMAN JUDGE Maurice J. Williams
SBI # 218
James T. Vaughn Correctional Center
1181 Paddock Road
Smyrna, DE 19977
N448
Upon Defendant's Motion for Correction of an Illegal Sentence Pursuant to Superior Court Criminal Rule 35(a) - DENIED.
Dear Mr. Williams:
Unfortunately, your January 7, 2015 filing was misplaced. Just recently someone found it and forwarded it to my chambers for review. On behalf of the court, I apologize for the time it took to have your motion reviewed.
While your motion is timely, as it was filed under Superior Court Criminal Rule 35(a), it lacks merit. The Supreme Court of Delaware has reviewed your claims, twice. Rule 35(a) notwithstanding, you are not entitled to file serial motions and serial appeals.
Actually, you are not claiming that the sentence was illegal in the sense that it exceeded what the law allows or that it was calculated incorrectly. You are challenging the way you were sentenced and the fact, as you see it, that the sentence was inconsistent with the plea agreement. In other words, you are claiming that you received the wrong sentence based on mistakes that were made during the sentencing process. You are not claiming that the sentence, itself, was illegal. Accordingly, the claims you are making now were matters for a direct appeal following your initial sentencing.
For the foregoing reasons, your motion under Superior Court Criminal Rule 35(a) is DENIED.
As a courtesy, I re-reviewed the plea agreement and modified sentence order. The modified sentence order dated January 19, 2011 appears consistent. The way the Level 4 has been treated is appropriate. At this point, your problems seem to stem from things you did after you were released from this sentence. Anyway, you must show the court courtesy. If you file another frivolous motion like this one, the court may impose sanctions through the Department of Correction, and it may restrict your ability to file pleadings. Other litigants are entitled to the court's attention, which you may not hog.
IT IS SO ORDERED.
Very truly yours,
/s/ Fred S. Silverman FSS/mes
oc: Prothonotary (Criminal Division)
Barzilai Axelrod, Deputy Attorney General
See Williams v. State, 54 A.3d 257 (Del. Oct. 2, 2012) (TABLE); Williams v. State, No. 286,2014, 2014 WL 5020247 (Del. Oct. 7, 2014).