McCafferty v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE § § § § § § § § § § § HUGH P. McCAFFERTY, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. No. 286, 2004 Court Below---Superior Court of the State of Delaware, in and for Sussex County Cr. A. No. IS00-09-0179 Submitted: September 13, 2004 Decided: January 10, 2005 Before HOLLAND, BERGER and RIDGELY, Justices ORDER This 10th day of January 2005, the Court has considered the appellee s motion to affirm pursuant to Supreme Court Rule 25(a) and finds it manifest on the face of the appellant s opening brief that the appeal is without merit for the reasons stated by the Superior Court in its decision dated May 21, 2004. There was no abuse of discretion on the part of the Superior Court in denying the appellee s motion to modify that portion of the Superior Court s sentencing order governing contact with the appellee s daughter. NOW, THEREFORE, IT IS ORDERED that the appellee s motion to affirm is GRANTED. The judgment of the Superior Court is AFFIRMED. BY THE COURT: /s/ Carolyn Berger Justice -2-

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