Opinion
No. 189 2013.
2013-05-31
Ben ROTEN, Defendant Below–Appellant, v. STATE of Delaware, Plaintiff Below–Appellee.
Court Below—Superior Court of the State of Delaware, in and for Sussex County, Cr. ID 0401005180.
Before STEELE, Chief Justice, HOLLAND and BERGER, Justices.
ORDER
RANDY J. HOLLAND, Justice.
This 31st day of May 2013, after careful consideration of the opening brief, the motion to affirm, and the record below, we find it manifest that the judgment below should be affirmed on the basis of the Superior Court's well-reasoned decision dated March 27, 2013. The Superior Court did not err in concluding that appellant's motion to reopen a 2006 postconviction judgment was, in fact, an untimely motion to reargue or amend the 2006 judgment.
NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED.