State v. French

Full title: STATE OF DELAWARE, v. JIMMIE FRENCH, Defendant

Court: Superior Court of Delaware, for New Castle County

Date published: Apr 19, 2004

DEF. I.D.: 0303005982 (Del. Super. Ct. Apr. 19, 2004)

Opinion

DEF. I.D.: 0303005982.

Submitted: April 6, 2004.

Decided: April 19, 2004.

Mr. Jimmie French.

ORDER

Judge Joseph R. Slights, III.

This 19^th day of April, 2004, the defendant having moved for postconviction relief under Delaware Superior Court Criminal Rule 61, and the Court having considered the Motion, it appears to the Court that:

1. Defendant entered a guilty plea to the charge of Assault First Degree on January 29, 2004. He has not yet been sentenced because he has filed a motion to withdraw guilty plea. That motion was denied by Order dated April 16, 2004. Sentencing has been scheduled for June 18, 2004 at 1:15 p.m.

2. "A motion [for postconviction relief] may not be filed until the judgment of conviction is final."¹ Defendant's judgment of conviction is not yet final. Consequently, his Rule 61 motion is premature.

1 Del. Super. Ct. Crim. R. 61(b)(4).

3. Based on the foregoing, Defendant's motion for post-conviction relief is DENIED.

IT IS SO ORDERED.