Opinion
Def. ID No. 9507006137.
Submitted: July 26, 1999.
Decided: October 22, 1999.
UPON DEFENDANT'S PRO SE MOTION FOR POSTCONVICTION RELIEF. DENIED
ORDER
This 22nd day of October, 1999, upon consideration of Defendant's pro se Motion for Postconviction Relief, it appears to this Court that:
1. Daroun M. Jamison (Defendant) has filed this pro se motion pursuant to Super. Ct. Crim. R. 61. For the following reasons, Defendant's motion is DENIED.
2. Defendant was indicted on one count of Attempted Murder First Degree and one count of Possession of a Firearm During the Commission of a Felony. Defendant pled guilty on April 8, 1996. On June 21, 1996 Defendant was sentenced to 15 years at Level 5 minimum mandatory on the charge of Attempted Murder and 15 years at Level 5 on the count of Possession of a Firearm During the Commission of a Felony of which 3 years is minimum mandatory, sentence suspended for 12 years at Level 4, suspended after 1 year, 1 year at Level 3, suspended after 1 year and 10 years at Level 2. On September 4, 1996 Defendant filed a Motion for Reduction of Sentence which was denied on September 6, 1996. On February 26, 1998 Defendant filed a Motion for Modification of Sentence which was denied on March 5, 1998. On March 16, 1998 Defendant filed a Motion for Reconsideration for Modification of Sentence which was denied on March 24, 1998. Defendant filed a Motion for Postconviction relief on July 21, 1999.
3. Before considering the merits of the defendant's motion for postconviction relief, the Court must apply the procedural requirements of Super. Ct. Crim. R. 61. Under Super. Ct. Crim. R. 61(i)(1), a motion for postconviction relief must be filed within three years after the judgment of conviction becomes final. However, there is a fundamental fairness exception to the time limitation of Rule 61(i)(1) for colorable claims that the Court lacked jurisdiction or that the conviction was undermined by a substantial constitutional violation amounting to a miscarriage of justice.
Younger v. State, Del. Supr., 580 A.2d 552, 554 (1990).
If a retroactively applicable right is newly recognized after a conviction is final, a claim based on such right must be filed within three years from the time such right is first recognized by the Supreme Court of Delaware or the United States Supreme Court. Super. Ct. Crim. R. 61(i)(1). Defendant has not alleged any violation of a newly recognized right. Jackson v. State, Del. Supr., 654 A.2d 829, 833 (1995).
Super. Ct. Crim. R. 61(i)(5).
4. The Defendant pled guilty on April 8, 1996 and was sentenced on June 21, 1996. Any claims for postconviction relief must have been made prior to June 21, 1999. Defendant filed his motion for postconviction relief on July 21, 1999. It is procedurally barred. Defendant has not demonstrated an applicable exception to this time bar, nor has he stated a retroactively applicable right which has been newly recognized.
5. Based on the foregoing reasons, Defendant's pro se Motion for Postconviction Relief is DENIED.
IT IS SO ORDERED.