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State v. Joyner

Superior Court of Delaware
Mar 21, 2023
No. 1906006276 (Del. Super. Ct. Mar. 21, 2023)

Opinion

1906006276

03-21-2023

STATE OF DELAWARE, v. DEMETRIUS JOYNER, Defendant.


Date Submitted: January 30 2023

ORDER

Jan R. Jurden, President Judge

Upon consideration of Defendant's Motion for Postconviction Relief ("Motion"), Superior Court Criminal Rule 61, statutory and decisional law, and the record, IT APPEARS THAT:

D.I. 31.

(1) On August 4, 2020, Defendant pled guilty to Rape Third Degree. By Order dated January 8, 2021, effective June 12, 2019, he was sentenced to 20 years at Level V, suspended after 7 years for 13 years at Level IV DOC discretion, suspended after 1 year for 2 years at Level III.

D.I. 22.

D.I. 24. The first 2 years of Defendant's sentence are a mandatory term of incarceration. See 11 Del. C. § 771; 11 Del. C. § 4205(b)(2).

(2) Defendant did not file a direct appeal. On April 12, 2021, he filed a Motion for Modification of Sentence, which was denied. Defendant filed the instant Motion on January 30, 2023. The Motion does not set forth any legal grounds for relief; instead, Defendant cites caretaking responsibilities, COVID-19, health issues, and his family's homelessness as his basis for seeking postconviction relief.

D.I. 25.

D.I. 26.

D.I. 31.

Id.

(3) Superior Court Criminal Rule 61 governs motions for postconviction relief. Rule 61(a) requires that a postconviction motion be based on a sufficient factual and legal basis. If it plainly appears from the motion that the movant is not entitled to relief, the judge may summarily dismiss it. Because the instant Motion fails to provide a sufficient factual and legal basis for postconviction relief, it plainly appears that Defendant is not entitled to relief, and therefore the Court may enter an Order for its summary dismissal.

Super. Ct. Crim. R. 61.

Super. Ct. Crim. R. 61(a).

Super. Ct. Crim. R. 61(d)(5).

Id.

(4) Assuming arguendo that the Motion was meant to be construed as a motion for modification of sentence, it would be procedurally barred. Under Rule 35(b), there is an absolute bar against repetitive requests for reduction of sentence,and Defendant has previously filed a motion for modification of sentence.

Super. Ct. Crim. R. 35(b).

D.I. 25.

NOW, THEREFORE, IT IS HEREBY ORDERED that Defendant's Motion for Postconviction Relief is SUMMARILY DISMISSED.


Summaries of

State v. Joyner

Superior Court of Delaware
Mar 21, 2023
No. 1906006276 (Del. Super. Ct. Mar. 21, 2023)
Case details for

State v. Joyner

Case Details

Full title:STATE OF DELAWARE, v. DEMETRIUS JOYNER, Defendant.

Court:Superior Court of Delaware

Date published: Mar 21, 2023

Citations

No. 1906006276 (Del. Super. Ct. Mar. 21, 2023)