Opinion
419 2023
03-25-2024
KADIR MCCOY, Defendant Below, Appellant, v. STATE OF DELAWARE, Appellee.
Submitted: January 22 2024
Court Below-Superior Court of the State of Delaware Cr. ID No. 1501018069 (N)
Before SEITZ, Chief Justice; LEGROW and GRIFFITHS, Justices.
ORDER
N. Christopher Griffiths, Justice
After consideration of the appellant's opening brief, the appellant's motion for an evidentiary hearing, the State's motion to affirm, and the record on appeal, we conclude that the judgment below should be affirmed on the basis of and for the reasons stated by the Superior Court in its November 2, 2023 order summarily dismissing the appellant's fourth motion for postconviction relief. In connection with this appeal, the appellant also filed a motion to compel the Superior Court to transfer a USB drive to the Court. This motion is MOOT because the USB drive was included in the record that the Superior Court forwarded to the Court.
NOW, THEREFORE, IT IS ORDERED that the State's motion to affirm is GRANTED and the judgment of the Superior Court is AFFIRMED. The appellant's motion for an evidentiary hearing is DENIED.