Opinion
No. 314, 1999.
August 11, 1999.
Appeal from the Superior Court, Kent County, CA 99M-06-026.
AFFIRMED
Unpublished Opinion is below.
DEEZEA McFADDEN, Petitioner-Below, Appellant v. STATE OF DELAWARE, Respondent-Below, Appellee. No. 314, 1999. Supreme Court of Delaware. Submitted: August 4, 1999. Decided: August 11, 1999.
Court Below: Superior Court of the State of Delaware, in and for Kent County, in C.A. No. 99M-06-026
Before VEASEY, Chief Justice, HARTNETT and BERGER, Justices.
ORDER
This 11th day of August 1999, it appears to the Court that:
(1) The appellant, Deezea McFadden, appeals from the Superior Court's denial of McFadden's petition for a writ of habeas corpus in that court. McFadden has filed his opening brief and a letter requesting that this appeal be expedited. The appellee, State of Delaware ("State"), has filed a motion to affirm and a response to McFadden's request to expedite. McFadden has filed a reply to the State's response.
(2) In August 1996, McFadden pled guilty in the Superior Court to the offense of first degree assault. McFadden was sentenced to four years at Level V imprisonment followed by six months at Level IV. By order dated September 12, 1996, the Superior Court provided that, at the completion of the Level V portion of his sentence, McFadden should be held at Level V until space becomes available at Level IV.
(3) On June 28, 1999, McFadden filed a petition for a writ of habeas corpus in the Superior Court. McFadden requested that the Superior Court release him from Level V imprisonment. McFadden contended that he completed the Level V portion of his sentence on June 14, 1999.
(4) By order dated June 30, 1999, the Superior Court denied McFadden's petition on the basis that McFadden's continued commitment to Level V was authorized by the court's sentence modification order of September 12, 1996. In his opening brief on appeal, McFadden argues that the September 12, 1996 modification to his sentence was illegal.
(5) In reviewing a denial of habeas corpus relief, this Court has held that "the only material fact to be ascertained upon a petition for a writ of habeas corpus is the existence of a judgment of conviction by a court of competent jurisdiction and a valid commitment of the prisoner to enforce the sentence." The record in this case reflects that the Superior Court had jurisdiction to accept McFadden's guilty plea to felony first degree assault, and that on September 3, 1996, the court imposed a valid sentence that was properly amended on September 12, 1996.
Skinner v. State, ___ Del. ___, 135 A.2d 612, 613 (1957) (citing Curran v. Woolley, ___ Del. ___, 104 A.2d 771, 773 (1954)).
11 Del. C. § 2701(c); 11 Del. C. § 613.
See Stokes v. State, ___ Del. ___, No. 462, 1995, Walsh, J., 1996 WL 145783 (Feb. 26, 1996) (ORDER) (providing that a judge may amend or correct a sentence after the defendant has begun serving the sentence).
(6) It is manifest on the face of McFadden's opening brief that the appeal is without merit. The issues presented in this appeal are clearly controlled by settled Delaware law.
NOW, THEREFORE, IT IS ORDERED that the State's motion to affirm is GRANTED. The judgment of the Superior Court is AFFIRMED. McFadden's request to expedite is MOOT.
BY THE COURT:
Carolyn Berger Justice