Opinion
ID No. 0711021233(R-1).
April 7, 2010.
N440 State Mail, William Steward, Sussex Correctional Institution, Georgetown, DE.
Dear Mr. Steward:
On March 31, 2010, the Court received your first Motion for Postconviction Relief. It comes too late and must be procedurally barred pursuant to Superior Court Criminal Rule 61(i)(1).
In May of 2008, following a jury trial, you were convicted of driving under the influence, fourth offense, driving with license suspended or revoked, and driving northbound on a southbound shoulder. You were sentenced with the benefit of a presentence investigation on June 27, 2008. There was no appeal. Therefore, the case became final in June 2008.
On the morning of the first day of your trial, the State informed the Court that its first witness, Mustafa Demir, was to be excused because he did not speak or understand English. In your present Motion for Postconviction Relief, you complain that the Court should have dismissed the driving under the influence charge because this witness did not testify. You argue that there was insufficient evidence without his testimony to convict you of driving under the influence. You further complain that your trial attorney was ineffective for failing to raise this deficiency to the Court.
What you are forgetting is that there were other witnesses who testified before the Court.
Pursuant to Superior Court Criminal Rule 61(i)(1), any attack on your conviction must be filed within one (1) year after the date of the conviction. Your Motion comes nine (9) months too late. Your claim raises evidentiary matters and there is no claim that the Court lacked jurisdiction nor that there was a miscarriage of justice because of a constitutional violation which undermined the fairness, reliability or integrity of the proceedings leading to your conviction.
The Court is required to apply the procedural bar aforenoted, and therefore your Motion for Postconviction Relief as to the insufficiency of the evidence to convict you for DUI and the additional collateral complaints are denied.
IT IS SO ORDERED.