Opinion
ID No. 0309011756.
Submitted: May 16, 2005.
Decided: June 16, 2005.
Upon Remand of February 22, 2005 Order on Defendant's Motion for Judgment of Acquittal and Motion for New Trial, VACATED.
ORDER
(1) On May 14, 2004, Defendant Dean Carter was convicted of Possession with Intent to Deliver, Maintaining a Dwelling Used for Keeping or Delivering Controlled Substances, Possession of a Firearm During Commission of a Felony, Possession of a Deadly Weapon by a Person Prohibited, Possession of Ammunition by a Person Prohibited, and Possession of Drug paraphernalia. Carter was sentenced on September 24, 2004. Carter filed a direct appeal, which, at the time of the February 22, 2005 Order, was pending before the Supreme Court for decision.
(2) Acting pro se, Carter filed a Motion for Judgment of Acquittal and Motion for New Trial on January 11, 2005. By Order dated February 22, 2005, this Court denied both motions. Carter filed an appeal of the February 22, 2005 Order. The State filed a motion to affirm the Superior Court's judgment on the grounds that Carter's motion for postconviction relief was prematurely filed because the mandate has not yet been issued on Carter's direct appeal.
(3) Pursuant to Superior Court Criminal Rule 61(a)(4), the Supreme Court remanded this matter to the Superior Court, concluding that the Superior Court lacked jurisdiction to rule on the motion.
THEREFORE, the February 22, 2005 Order on Defendant's Motion for Judgment of Acquittal and Motion for New Trial is hereby VACATED WITHOUT PREJUDICE to Carter's right to refile his first postconviction motion when his convictions become final.