State v. Ortiz

Full title: STATE OF DELAWARE, v. JOHNAS ORTIZ, Defendant

Court: Superior Court of Delaware, New Castle County

Date published: Mar 6, 2007

ID No. 0602006591 (Del. Super. Ct. Mar. 6, 2007)

Opinion

ID No. 0602006591.

March 6, 2007.

Upon Petitioner's Motion for Postconviction Relief Pursuant to Rule 61. DENIED.

ORDER

THE HONORABLE MARY M. JOHNSTON

1. On December 5, 2006, Petitioner filed a document entitled "Motion for Postconviction Relief Pursuant to Rule 61." The motion is actually a motion for modification or correction of sentence.

2. Petitioner argues that the Level 5 sentence in Case No. 0308001824 should run concurrently with the Level 4 probationary sentence in Case No. 0602006591.

3. Level 5 cannot run concurrently with any other sentence. Therefore, the Level 4 time is consecutive to the Level 5 time. THEREFORE, Petitioner's Motion for Modification or Correction of Sentence, improperly captioned "Motion for Postconviction Relief Pursuant to Rule 61," is hereby DENIED.

IT IS SO ORDERED this 6th day of March, 2007.