Opinion
ID No. 0205019125.
Submitted: June 9, 2008.
September 10, 2008.
Anthony E. Morris, Smyrna, DE.
Motion for Postconviction Relief
Dear Mr. Morris:
This is my decision on your second motion for postconviction relief. You were charged by indictment on July 2, 2002 with Possession with the Intent to Deliver Cocaine, Possession of Drug Paraphernalia and Resisting Arrest. You were found guilty of these offenses after a three-day jury trial on October 18, 2002. I sentenced you on December 6, 2002 to 32 years at supervision level V, suspended after serving 15 years at supervision level V for 17 years of declining levels of probation. You filed an appeal with the Supreme Court on December 13, 2002. The Supreme Court affirmed your convictions on September 8, 2003.
Morris v. State, Del. Supr., No. 687, 2002, Berger. J. (Sept. 8, 2003).
You filed a Motion for Reduction of your sentence on April 1, 2008, arguing that your 15 year minimum mandatory sentence for your second conviction of Possession with the Intent to Deliver Cocaine should be reduced to three years because of House Bill 210. House Bill 210 became law on June 30, 2003 and, in part, reduced the minimum mandatory sentence for Possession with the Intent to Deliver Cocaine to three years. I denied your motion on April 10, 2008. You did not file an appeal of my denial with the Supreme Court. You instead filed a motion for postconviction relief on June 9, 2008. You argue that I should retroactively apply House Bill 210 to your prior conviction of Possession with the Intent to Deliver Cocaine even though you were convicted and sentenced prior to its enactment. Your argument has been raised by other similarly situated defendants and rejected. Therefore, there is no legal basis for the relief that you seek in your second motion for postconviction relief.
16 Del.C. § 4763(a)(3)(2002).
16 Del.C § 4763(a)(2)(a).
State v. Ismaaeel, 840 A.2d 644 (Del.Super. 2004), aff'd, 2004 WL 1587040 (Del.July 9, 2004). See also State v. Jones, 2004 WL 838605 (Del.Super.April 15, 2004).
CONCLUSION
Your second motion for postconivction relief is DENIED.
IT IS SO ORDERED.