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State v. Elliott

Superior Court of Delaware, New Castle County
Sep 21, 2001
ID# 0005023797 (Del. Super. Ct. Sep. 21, 2001)

Opinion

ID# 0005023797

Submitted: May 18, 2001

Decided: September 21, 2001


ORDER

Now this 21st day of September, 2001, after consideration of defendant's Motion to Withdraw Plea of Guilty to the charge of Rape in the Second Degree, and after an Evidentiary hearing the Court concludes as follows:

1) Defendant's position that he was unaware of the potential sentence is false in that he was advised by counsel, the court and the guilty plea form he signed of the sentence.

2) Defendant's position that he was coerced by his attorney is totally unsubstantiated.

3) Defendant's statement that he is innocent is unsupported by his statements to the police and the video tape of his commission of the offense and his reaction to being shown a still photo of part of the tape.

4) Defendant received adequate legal representation throughout these proceedings.

Wherefore, his Motion to Withdraw Plea is DENIED.

IT IS SO ORDERED.


Summaries of

State v. Elliott

Superior Court of Delaware, New Castle County
Sep 21, 2001
ID# 0005023797 (Del. Super. Ct. Sep. 21, 2001)
Case details for

State v. Elliott

Case Details

Full title:STATE OF DELAWARE v. ANDRE ELLIOTT, DEFENDANT

Court:Superior Court of Delaware, New Castle County

Date published: Sep 21, 2001

Citations

ID# 0005023797 (Del. Super. Ct. Sep. 21, 2001)