State v. Copeland

Full title: STATE OF DELAWARE v. ANTHONY C. COPELAND, Defendant.

Court: SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY

Date published: Jan 13, 2015

ID: 0802028130 (Del. Super. Ct. Jan. 13, 2015)

Opinion

ID: 0802028130

01-13-2015

STATE OF DELAWARE v. ANTHONY C. COPELAND, Defendant.

pc: Brian J. Robertson, Deputy Attorney General Anthony C. Copeland, Defendant

Fred S. Silverman Judge

ORDER

1. This is the fourth time the court has addressed Defendant's objections to the sentence imposed in 2008.

2. This time, Defendant claims his sentence is illegal because his convictions "merged" or are "multiplicitious."

3. Defendant's argument, in effect, is not that ANY of his four sentences is illegal. His claim is that he should not have been convicted in the first place. A claim of wrongful conviction is not a matter for Superior Court Criminal Rule 35.

4. The argument that the claims "merged" or are "multiplicitious" should have been made at the time Defendant pleaded guilty, on direct appeal or through a timely motion for postconviction relief.

For the foregoing reasons, Defendant's December 23, 2014 Motion for Correction of Sentence is DENIED as legally frivolous.

IT IS SO ORDERED. Date: January 13, 2015

/s/ Fred S. Silverman

Judge
cc: Prothonotary (Criminal)
pc: Brian J. Robertson, Deputy Attorney General

Anthony C. Copeland, Defendant