State v. Pumphrey

Full title: State of Delaware v. Elton L. Pumphrey

Court: Superior Court of Delaware for Sussex County

Date published: Oct 17, 2006

Cr.A. Nos. 00-04-0160 - Theft, 00-04-0161 - Conspiracy in the Second Degree, 00-04-0162 - Failure to take Photographs and Fingerprints, Def. ID No. 00020114519 (Del. Super. Ct. Oct. 17, 2006)

Opinion

Cr.A. Nos. 00-04-0160 — Theft, 00-04-0161 — Conspiracy in the Second Degree, 00-04-0162 — Failure to take Photographs and Fingerprints, Def. ID No. 00020114519.

Submitted: July 1, 2006.

October 17, 2006.

Elton L. Pumphrey, Sussex Correctional Institution, Georgetown, DE.

E. SCOTT BRADLEY, Judge.

Dear Mr. Pumphrey:

Your motion for postconviction relief is denied. According to Superior Court Criminal Rule 61 (a)(1), a motion for postconviction relief may be brought only by "a person in custody or subject to future custody under a sentence of this court" being challenged.¹ After I found you in violation of your probation on the above-referenced charges on November 8, 2002, I sentenced you to four years at Supervision Level V with no probation to follow. You were released on April 14, 2006. Thus, you are no longer in custody or subject to future custody under the sentencing order dated November 8, 2002.² Therefore, you do not have standing to pursue your claim under Superior Court Criminal Rule 61.

1 See Epperson v. State, 829 A.2d 935 (Table), 2003 WL 21692751 (Del.Supr.); Summers v. State, 818 A.2d 971 (Table), 2003 WL 1524104 (Del.Supr.); Fullman v. State, 746 A.2d 276 (Table), 2000 WL 140114 (Del.Supr.); Guinn v. State, 625 A.2d 279 (Table), 1993 WL 144874 (Del.Supr.); Petsinger v. State, 2002 WL 1558835 (Del.Super.); State v. Beles, 1997 WL 366899 (Del.Super.).

2 Elton L. Pumphrey is now incarcerated and awaiting trial on charges that allegedly occurred on July 22, 2006.