Summary
holding that validity of previous guilty pleas was not justiciable in appeal from VOP
Summary of this case from Hartmann v. StateOpinion
No. 267 No. 312 No. 2012
04-10-2013
BYRON D. TAYLOR, Defendant, Appellant, v. STATE OF DELAWARE, Plaintiff, Appellee.
(CONSOLIDATED)
Court-Superior Court of
the State of Delaware in and for
Sussex County
Cr. ID Nos. 1012017017
1105022284
Before STEELE, Chief Justice, HOLLAND and RIDGELY, Justices.
ORDER
This 10th day of April 2013, upon consideration of the opening brief filed by the appellant and the motion to affirm filed by the appellee, it appears to the Court that:
(1) At a violation of probation ("VOP") hearing held on April 17, 2012, the appellant, Byron D. Taylor, admitted that he had violated his probation. Based on that admission, the Superior Court revoked Taylor's probation and sentenced him. This appeal followed.
(2) It is manifest on the face of Taylor's opening brief that this appeal is without merit. On appeal, Taylor does not challenge his VOP conviction and/or sentencing on April 17, 2012. Instead, Taylor challenges the validity of guilty pleas that he entered into on May 16, 2011 and November 23, 2011. Taylor's claims, arising from his prior guilty pleas on May 16, 2011 and November 23, 2011, are not justiciable in this appeal from his April 17, 2012 VOP conviction and sentencing.
State v. Taylor, Del. Super., Cr. ID No. 1012017017.
State v. Taylor, Del. Super., Cr. ID No. 1105022284.
See, e.g., Sewell v. State, 2003 WL 22839962 (Del. Supr.) (concluding that right to counsel claim arising from prior, appealable 2001 VOP adjudication was not justiciable in subsequent 2003 appeal from denial of sentence modification motion); Strawley v. State, 2002 WL 86687 (Del. Supr.) (concluding that challenge arising from prior, appealable VOP proceeding was untimely in subsequent appeal from denial of sentence correction motion (citing Carr v. State, 554 A.2d 778 (Del. 1989))).
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NOW, THEREFORE, IT IS ORDERED that the appellee's motion to affirm is GRANTED. The judgment of the Superior Court is AFFIRMED.
BY THE COURT:
Myron T. Steele
Chief Justice