Opinion
ID 0905014074
09-29-2011
State of Delaware v. Wid-Donald Paul
JUDGE
1 THE CIRCLE, SUITE 2
SUSSEX COUNTY COURTHOUSE
GEORGETOWN, DE 19947
Wid-Donald Paul
Inmate # 144
3400 Concord Road
York County, PA 17402
Upon Defendant's Second Motion for Postconviction Relief
Summarily Dismissed.
Dear Mr. Paul:
I have received your postconviction relief motion related to your guilty plea to Possession with the Intent to Deliver Cocaine. I denied your initial postconviction relief motion on March 31, 2011, after having ordered and received responses from the defense and the State. On July 13, 2011, the Supreme Court of Delaware dismissed your appeal as untimely.
In the meantime, you filed with this Court a motion to resubmit a postconviction relief motion. I denied your motion on July 26, 2011.
Your second postconviction relief motion was filed with this Court on August 8, 2011. You do not argue that your plea was involuntarily entered, which is the sole grounds for vacating a guilty plea after sentencing.
Instead, you argue the merits of issues that were resolved against you in your initial postconviction relief motion. These issues are barred as having been formerly adjudicated, albeit phrased in terms of ineffective assistance. Super. Ct. Crim. R. 61(i)(4).
Your motion is SUMMARILY DISMISSED for both reasons stated above. That is, you have not shown that your plea was involuntary, and the issues you raise have been previously adjudicated.
IT IS SO ORDERED.
Very truly yours,
Richard F. Stokes cc: Prothonotary
Raison v. State, 469 A.2d 424, 425 (Del. 1983).