Opinion
Def. ID #9806003895 (R-1)
March 6, 2002
Motion for Post Conviction Relief.
Shawn E. Felicetty, SBI #00197159, Sussex Correctional Institution, Georgetown, DE.
Dear Mr. Felicetty:
On February 26, 2002, the Court received your Motion for Post Conviction Relief. Your application is denied, as it is procedurally barred.
On February 26, 2001, a contested violation of probation hearing took place in this Court. You were represented by counsel at this hearing. You were found to be in violation and sentenced. You took an appeal to the Supreme Court of Delaware, which affirmed your conviction last month. Shawn E. Felicetty v. State of Delaware, Del.Supr., No. 130, 2001, Holland, J. (February 4, 2002) (ORDER)
The grounds you cite are that there was no factual basis for the citation for the violation of probation, and that you were denied an opportunity to present a defense. Both of these are fact-driven complaints which could have been presented to this Court and/or to the Supreme Court. Therefore, the present petition is barred under Rule 61(i)(3), in that you have not shown any cause for not presenting this earlier, nor have you attempted to show any prejudice. The purpose of the Rule 61 post conviction process is to allow you to attack matters which are collateral to the proceedings leading to your conviction. Those issues which you could have and should have presented to the trial court and the Supreme Court are waived absent your satisfying the Court that Rule 61(i)(3) should not be applied. Again, you have made no attempts to do this.
Defendant's motion for post conviction relief is denied. So ordered.