Opinion
No. 499, 2015
02-11-2016
Andre Fletcher, Defendant Below, Appellant, v. State of Delaware, Plaintiff Below, Appellee.
ORDER
JAMES T. VAUGHN, JR., Justice
This 11th day of February 2016, after careful consideration of the appellant's opening brief, the State's motion to affirm, and the record on appeal, we find if manifest that the judgment below should be affirmed on the basis of the Superior Court's order, dated August 20, 2015, which adopted the Commissioner's report and recommendation dated May 19, 2015. The Superior Court did not err in concluding that the appellant's untimely and repetitive motion for postconviction relief was procedurally barred, and that the appellant had failed to overcome the procedural hurdles.
See State v. Fletcher, 2015 WL 2438271 (Del. Super. Comm'r May 19, 2015) (recommending that motion for postconviction relief should be denied).
NOW, THEREFORE, IT IS ORDERED that the motion to affirm is GRANTED. The judgment of the Superior Court is AFFIRMED.