Defendant 0603001510 (R-1) Mot., Postconviction Rel.

Full title: Defendant ID No. 0603001510 (R-1) and 0503018787 (R-1) Motion for…

Court: Superior Court of Delaware, Sussex County

Date published: Jul 19, 2007

ID No. 0603001510 (R-1) and 0503018787 (R-1) (Del. Super. Ct. Jul. 19, 2007)

Opinion

ID No. 0603001510 (R-1) and 0503018787 (R-1).

July 19, 2007.

Angela Boone, a/k/a Angela R. Johnson, Women's Correctional Institution, New Castle, DE.

Motion for Postconviction Relief

T. HENLEY GRAVES, Resident Judge.

Dear Ms. Johnson:

This is the Court's decision as to your Motion for Postconviction Relief which was filed on July 18, 2007.

On May 8, 2007, you were found in violation of probation due to your continuing use of cocaine. It was your third violation of probation for the 2005 charges (05-04-0043, 0044, 0055). It was your first violation of probation on your 2006 charges (06-03-0496, 0497).

You were incarcerated at Level V as a part of the sentence; but upon successful completion of the Village Key program, the Level V portion of the sentence is to be suspended for Level IV CREST, followed by CREST Aftercare at Level III. In your Motion for Postconviction Relief, you allege that the attorney representing you at the violation of probation hearing was ineffective but that is all you state. You have not alleged how he was ineffective or how his ineffectiveness prejudiced you. Your conclusory claim is therefore denied.

You allege that your due process rights were violated because you were not properly served with documentation to show that the Court had the option to sentence you to a sentence higher than the guidelines, presumably the SENTAC guidelines. There is no such requirement under the law. You were aware of why you were being violated, and you had an at torney with you. Whatever sentence was previously imposed but suspended could be reimposed upon you. That was done and it is the Court's hope that you will take advantage of the Key CREST continuum and work your way off of probation.

In your third allegation you claim that you were sentenced on charges that had been previously nolle prosed or dismissed. This is incorrect. The Court has only sentenced you on charges upon which an original sentence was imposed. You have been made aware by correspondence with the Court of June 21, 2007 that you were discharged as unimproved on 05-04-0056 by Order dated April 4, 2006. On May 8, 2007, you were not sentenced on that criminal action number and therefore this allegation has no merit.

For the above reasons, your Motion for Postconviction Relief is denied.

IT IS SO ORDERED.