Opinion
Docket No. 112, 1999.
June 1, 1999.
Appeal from Superior Court, Sussex County, CrA S96-07-0296-0298(R1).
AFFIRMED.
Unpublished Opinion is below.
CHARLES PALMATEER, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. No. 112, 1999. Supreme Court of Delaware. Submitted: May 21, 1999. Decided: June 1, 1999.
Superior Court of the State of Delaware in and for Sussex County in Cr. A. Nos. S96-07-0296 thru 0298, Def. ID No. 9696021209.
Before WALSH, HOLLAND and HARTNETT, Justices.
ORDER
This first day of June 1999, the Court has considered the opening brief filed by the appellant and the motion to affirm filed by the appellee and has determined that: to the extent the issues raised on appeal are factual, the record evidence supports the Superior Court's factual findings; to the extent the errors alleged on appeal are attributed to an abuse of discretion, the record does not support those assertions; and to the extent that the issues raised on appeal are legal, they are controlled by settled Delaware law, which was properly applied. Therefore, this Court has concluded that the judgment of the Superior Court should be affirmed on the basis and for the reasons assigned by the Superior Court in its decision of March 9, 1999.
NOW, THEREFORE, IT IS ORDERED that the State's motion to affirm is GRANTED. The judgment of the Superior Court is hereby AFFIRMED.
BY THE COURT:
/s/ Randy J. Holland
Justice