Opinion
No. 534, 2011
02-21-2012
KERMIT R. WEST, Defendant Below-Appellant, v. STATE OF DELAWARE, Plaintiff Below-Appellee.
Court Below—Superior Court
of the State of Delaware,
in and for Sussex County
Cr.A. No. IS61-11-0004
Before STEELE, Chief Justice, HOLLAND, and BERGER, Justices
ORDER
This 21st day of February 2012, after careful consideration of the appellant's opening brief, the State's motion to affirm, and the record on appeal, we find it manifest that the judgment below should be affirmed on the basis of the Superior Court's well-reasoned decision dated September 23, 2011. The Superior Court did not err in concluding that appellant's motion for postconviction relief was untimely and that appellant had failed to overcome the procedural hurdles.
NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED.
BY THE COURT:
Randy J. Holland
Justice