State v. Jones

Full title: STATE of Delaware v. Robert L. JONES

Court: Superior Court of Delaware, NEW CASTLE COUNTY

Date published: Feb 2, 2001

I.D. No. 9808003438 Cr. A. No. VN98-08-1039-04 (Del. Super. Ct. Feb. 2, 2001)

Opinion

I.D. No. 9808003438 Cr. A. No. VN98-08-1039-04.

Submitted: January 22, 2001.

Decided: February 2, 2001.

Upon defendant's motion for postconviction relief. Summarily Dismissed.

CARL GOLDSTEIN, JUDGE.

ORDER

This 2nd day of February, 2001, upon consideration of the Defendant's Motion for Postconviction Relief pursuant to Superior Court Criminal Rule 61 and the record in this case, it appears that:

(1) On November 8, 2000, this Court sentenced Defendant, Robert L. Jones, to serve 90 days Level 5 incarceration in the above-captioned offense. Jones finished serving the sentence imposed by this Court on January 13, 2001.¹ Jones filed this motion for postconviction relief on January 17, 2001.

1 Jones is currently serving a sentence imposed upon him by the Court of Common Pleas.

(2) Rule 61 governs applications by persons "in custody or subject to future custody under a sentence of this court." Because Jones has finished serving the sentence imposed upon him by this Court and is not subject to future custody under that sentence, Jones motion pertaining to the sentence is moot.

Therefore, because the Court finds that it is plain from the Motion for Postconviction Relief and the record in this case that Moreno is not entitled to relief, the motion is hereby SUMMARILY DISMISSED.

IT IS SO ORDERED.