Opinion
I.D. No. 0010007932
Date Submitted: February 11, 2002
Date Decided: February 25, 2002
On Appellant's Motion for Reargument. Denied.
Vernon G. Bailey, Wilmington, Delaware, pro se, Appellant.
Allison L. Peters, Deputy Attorney General, Wilmington, Delaware, attorney for Appellee, State of Delaware. Goldstein, J.
ORDER
This 25th day of February, 2002, upon consideration of the papers filed by the parties and the record in this case, it appears that:
(1) On April 19, 2001, the Court of Common Pleas convicted Appellant and Defendant below, Vernon Bailey, of Driving an Unsafe Motor Vehicle, Operating a Motorcycle Without a Helmet/Glasses, Operating an Unregistered Vehicle, and Failure to Have Insurance Identification in Possession. Bailey appealed his conviction for all four traffic violations to this Court.
(2) On December 12, 2001, this Court dismissed the portions of Bailey's appeal of his convictions for Driving an Unsafe Motor Vehicle, Operating a Motorcycle Without a Helmet/Glasses, and Operating an Unregistered Vehicle because the sentences he received for those convictions failed to meet the constitutional requirement to file an appeal in this Court. On February 1, 2001, the Court affirmed the decision of the Court of Common Pleas.
Bailey v. State, Del. Super., I.D. No. 0010007932, Goldstein, J. (Dec. 12, 2001), Letter Op. at 2.
Bailey v. State, Del. Super., I.D. No. 0010007932, Goldstein, J. (Feb. 1, 2002) (ORDER).
(3) Bailey subsequently filed a Motion for Reargument. In support of his motion, Bailey argues that the Court erred by affirming the Court of Common Pleas' determination that Bailey failed to provide adequate evidence of proof of insurance at trial.
(4) Upon review of Bailey's Motion and the record in this case, the Court cannot find that it has overlooked a decision or principle of law that would have had a controlling effect or that it has misapprehended the law or facts so that the outcome of the case would have been affected.
See Mainiero v. Microbyx Corp., 699 A.2d 320, 321 (Del.Ch. 1997) (citations omitted.). See also Steadfast Ins. Co. v. Eon Labs Mfg., Inc., Del. Super., C.A. No. 98C-01-058, Del Pesco, J. (Aug. 18, 1999), Letter Op. at 2.
Therefore, Bailey's Motion for Reargument is hereby DENIED.
IT IS SO ORDERED.