State v. Runyon

Full title: STATE OF DELAWARE, v. JAMES RUNYON, Defendant.

Court: SUPERIOR COURT OF THE STATE OF DELAWARE

Date published: Sep 18, 2019

I.D. No. 1712008549 (Del. Super. Ct. Sep. 18, 2019)

Opinion

I.D. No. 1712008549

09-18-2019

STATE OF DELAWARE, v. JAMES RUNYON, Defendant.

Sheldon K. Rennie, Judge

ORDER

On this 18th day of September, 2019, upon consideration of Defendant James Runyon's ("Defendant") Motion for Post-Conviction Relief (the "Motion"),¹ IT APPEARS THAT:

1 D.I. 35.

1. Defendant filed this Motion pursuant to Delaware Superior Court Rule 61 ("Rule 61"). Rule 61(a)(1) allows defendants to assert legal or factual grounds to set aside a judgment of conviction or a sentence of death.

2. Here, Defendant does not challenge a judgment of conviction nor a sentence of death. Rather, Defendant requests that this Court mandate specific performance of the State's purported promise under the plea agreement entered into by Defendant on August 27, 2018.²

2 Id. --------

3. Therefore, because Defendant does not raise a claim that arises under Rule 61, Defendant's Motion for Post-Conviction Relief is DENIED.

IT IS SO ORDERED.

/s/_________

Sheldon K. Rennie, Judge Original to Prothonotary cc: James Runyon (SBI# 00271554)