Opinion
Cr. ID No. 0503002950.
Submitted: February 23, 2007.
Decided: July 10, 2007.
ORDER
This 10th day of July, 2007, upon consideration of the defendant's pro se motion for extension of time, it appears that:
1. Defendant has filed this Motion for Extension of Time to increase the one year time-limit for filing a Motion for Postconviction Relief pursuant to Superior Court Criminal Rule 61. For the reasons stated below, Defendant's Motion is DENIED.
2. On December 28, 2005, defendant, Kevin Robinson (Robinson) pled guilty to one count of Manslaughter and two counts of Attempted Robbery 1st Degree.
3. On February 24, 2006, Robinson was sentenced on the Manslaughter conviction to 20 years at Level V, suspended after serving 10 years, for decreasing levels of probation. Robinson was sentenced to 3 years at Level V for each of the Attempted Robbery 1st convictions.
4. Robinson did not file a direct appeal of his conviction.
5. On May 5, 2006, Robinson filed, pro se, a Motion for Modification of Sentence. That motion was denied on May 22, 2006.
6. On October 6, 2006, Robinson filed, pro se, a second Motion for Modification of Sentence. That motion was denied on November 8, 2006.
7. On February 21, 2007, Robinson filed, pro se, a Motion for Extension of Time. In the motion he seeks to extend the one year deadline for filing a Rule 61 motion.
8. On April 4, May 4, June 12, and June 25, 2007, Robinson filed, pro se, letters inquiring about the status of his Motion for Extension of Time.
9. This is the Court's response to Robinson's Motion for Extension of time and the subsequent letters.
10. Superior Court Criminal Rule 61(i)(1) states that "a motion for postconviction relief may not be filed more than one year after the judgment of conviction is final or, if it asserts a retroactively applicable right that is newly recognized after the judgment of conviction is final, more than one year after the right is first recognized by the Supreme Court of Delaware or by the United States Supreme Court."
11. Superior Court Criminal Rule 45(b)(2) expressly provides that the Superior Court "may not extend the time for taking any action" under Rule 61(i)(1).
See Smallwood v. State, Del.Supr., No. 473, 2006, Steele, C.J. (Feb. 13, 2007).
12. Robinson's conviction became final on March 26, 2006, thirty days after he was sentenced, when his time for direct appeal expired.
13. As of the date of this Order, Robinson has not filed a Motion for Postconviction Relief pursuant to Superior Court Criminal Rule 61.
14. A Rule 61 motion filed by Robinson now would be time barred by Rule 61(i)(1) unless it asserts a retroactively applicable right that is newly recognized by the Supreme Court of Delaware or by the United States Supreme Court or it meets the requirements of Rule 61(i)(5) which states, "[t]he bars to relief in paragraphs (1), (2), and (3) of this subdivision shall not apply to a claim that the court lacked jurisdiction or to a colorable claim that there was a miscarriage of justice because of a constitutional violation that undermined the fundamental legality, reliability, integrity or fairness of the proceedings leading to the judgment of conviction."
15. Superior Court Criminal Rule 45(b) makes it clear that this Court does not have the authority to grant the relief that Robinson has requested.
WHEREFORE, defendant's pro se Motion for Extension of Time is DENIED.
IT IS SO ORDERED.