State of Delaware v. Dickerson.
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SUPERIOR COURT OF THE STATE OF DELAWARE T. HENLEY GRAVES SUSSEX COU NTY C OUR THO USE RESIDENT JUDGE 1 THE CIRCLE, SUITE 2 GEORGETOWN, DE 19947 (302) 856-5257 January 6, 2012 N440 State Mail Woodrow Dickerson, III Sussex Correctional Institution P. O. Box 500 Georgetown, DE 19947 RE: State of Delaware v. Woodrow W. Dickerson, III Defendant ID No. 1007009853 Dear Mr. Dickerson: The Court received your Motion for Post Conviction Relief on December 16, 2011. This motion was signed by you and dated December 13, 2011, and was postmarked on December 14, 2011. BACKGROUND Mr. Dickerson was arrested on June 17, 2010, for felony driving under the influence, resisting arrest, failure to be fingerprinted, driving while suspended or revoked, and failure to have insurance and registration paperwork in the vehicle. On December 8, 2010, Mr. Dickerson pled guilty to DUI Fourth Offense. The plea agreement evidenced a Blood Alcohol Content (B.A.C.) of .30. Mr. Dickerson received a sentence of 5 years at supervision Level V, with credit for 116 days. Upon successful completion of the supervision Level V Key Program, the balance of the Level V was suspended for 1 year at supervision Level IV Crest, followed by 18 months supervision Level III aftercare. Mr. Dickerson has filed three separate motions to modify his sentence wherein he referenced his remorse and offered no excuses for his actions. State v. Woodrow Dickerson Defendant ID No. 1007009583 January 6, 2012 Page 2 RULE 61 ALLEGATIONS Mr. Dickerson s present motion attacks his attorney as being ineffective. None of Mr. Dickerson s present claims are newly discovered. There was no appeal filed which means the final judgement of conviction is December 8, 2010. Pursuant to Superior Court Criminal Rule 61(i)(1), a person convicted has one year to file a Post Conviction Motion. If a motion is filed outside of the required one year, it must be dismissed as procedurally barred. Mr. Dickerson offers no reason why the bar is inapplicable. A review of the entire file pertaining to the arrest and conviction raises no indication that there exists a colorable claim of any fundamental miscarriage of justice. Mr. Dickerson s Motion for Post Conviction Relief was filed too late and is denied. SO ORDERED. Yours very truly, /s/ T. Henley Graves THG:pac cc: Prothonotary Timothy Hesemann, Esquire, Department of Justice Michael Abram, Esquire N440 State Mail Woodrow Dickerson, III SBI: 00317486 Sussex Correctional Institution P. O. Box 500 Georgetown, DE 19947
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