Opinion
No. 321, 2020
12-02-2020
Court Below-Superior Court of the State of Delaware Cr. ID Nos. 1507014587 (N) 1507024327 (N) Before VAUGHN, TRAYNOR, and MOTGOMERY-REEVES, Justices. ORDER
After careful consideration of the appellant's opening brief, the State's motion to affirm, and the Superior Court record, we conclude that the judgment below should be affirmed on the basis of and for the reasons assigned in the Superior Court's August 6, 2020 order denying the appellant's untimely motion for postconviction relief. We also conclude that the Superior Court did not abuse its discretion by declining to appoint counsel to assist the appellant, who pleaded guilty, in the postconviction proceedings.
State v. Hall, 2020 WL 4559458 (Del. Super. Ct. Aug. 6, 2020).
See Del. Super. Ct. Crim. R. 61(e)(3) (providing that the Superior Court may appoint counsel to assist an indigent movant with a first timely filed motion for postconviction relief under certain circumstances where the basis of the underlying conviction was a guilty plea).
NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED.
BY THE COURT:
/s/ Gary F . Traynor
Justice