Opinion
ID No. 0612000498.
November 25, 2008.
ORDER
1. Defendant Andrew W. Savage filed a pleading titled "Motion for Postconviction Relief." Defendant pled guilty to Assault Second Degree and was sentenced pursuant to a plea agreement. Defendant's Motion is in substance a Motion for Modification of Sentence. The Court will consider defendant's Motion as if it were properly captioned.
2. By Sentence Order dated September 18, 2007, defendant was sentenced to 3 years at Level 5, with credit for 31 days previously served, suspended for 6 months at Level 3 followed by 18 months at Level 2.
3. Defendant claims: "My probation I was serving was supposed to be dropped because I satisfied the ordered time I was to serve when it was continued. Plea agreement was supposed to include and satisfy probation."
4. Defendant signed the plea agreement, which explicitly set forth a sentence recommendation of 3 years Level 5, suspended for 2 years of probation. Defendant signed the agreement. During the plea colloquy, defendant stated that he had read the agreement, had conferred with counsel, and had not been promised anything in exchange for the plea.
5. The Court finds that defendant's allegation — that additional provisions should have been included in the plea agreement, and thus defendant's due process rights were violated — is without merit. Such claims cannot be the basis for Rule 61 postconviction relief, and do not justify an untimely motion for sentence modification.
THEREFORE, this 25th day of November, 2008 defendant's Motion is hereby DENIED.
IT IS SO ORDERED.