State v. Smith

Full title: STATE OF DELAWARE, v. FRANKLIN C. SMITH, Defendant

Court: Superior Court of Delaware, New Castle County

Date published: Jul 20, 2011

ID No. 1004020324 (Del. Super. Ct. Jul. 20, 2011)

Opinion

ID No. 1004020324.

July 20, 2011.

Upon Defendant's Motion for Postconviction Relief — SUMMARILY DISMISSED.

Caterina Gatto, Deputy Attorney General.

ORDER

FRED S. SILVERMAN, Judge

1. After Defendant filed his motion for postconviction relief under Superior Court Criminal Rule 61, he was resentenced to four months, or less, in prison. He seemed to accept that sentence. Accordingly, the court could deem his motion withdrawn.

2. If the motion were not withdrawn, it is subject to summary dismissal upon preliminary review. Defendant's claims were waived, in part, when he pleaded guilty. Otherwise, they are procedurally barred.

3. In summary, Defendant raises things that happened before he pleaded guilty, e.g. his failure to have a preliminary hearing. Otherwise, he raises claims that are not subject to postconviction relief, e.g. he is disappointed that he did not receive the sentence he expected.

4. All of Defendant's claims should have been raised when he pleaded guilty or through a direct appeal after he was initially sentenced.

For the foregoing reasons, Defendant's motion for postconviction, if not withdrawn, is SUMMARILY DISMISSED. IT IS SO ORDERED.