Opinion
Civil Action No. 00M-12-029.
Date submitted: December 15, 2000.
Date decided: December 26, 2000.
Upon Defendant's Petition for a Writ of Habeas Corpus: DENIED .
ORDER
AND NOW, TO WIT, this 26 day of December, 2000, upon review of the forgoing Petition for a Writ of Habeas Corpus and the record in this case, IT IS HEREBY ORDERED that Petitioner Percy Osborne's petition is DENIED as he is being held pursuant to lawful orders of this Court.
1. On August 22, 2000, as to IN00-09-0021, effective July 14, 2000, Defendant was placed in the custody of the Department of Correction ("Department") for five (5) years at Level V, suspended immediately for five (5) years at Level IV, Crest. Upon successful completion of the treatment program, this sentence is suspended for four (4) years and six (6) months at Level III. After serving three (3) years, the sentence is suspended for eighteen (18) months at Level II. Defendant is to be held at Level V until space is available at Level IV.
2. Petitioner has filed a petition for a Writ of Habeas Corpus requesting that he be released to Level IV.
3. In a habeas corpus proceeding, the only issues before the court are whether the judgment of conviction at issue was handed down by a court of competent jurisdiction and whether there is a valid commitment to enforce the sentence. When a prisoner's commitment is regular on its face, there can be no relief through habeas corpus. Petitioner's request does not fall within the ambit of remedy afforded by a Writ of Habeas Corpus.
Curran v. Woolly, Del.Supr., 104 A.2d 771, 773 (1954).
Jones v. Anderson, Del.Supr. 183 A.2d 177, 178 (1962).
IT IS SO ORDERED.