Muzzi v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE DAVID MUZZI, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 422, 2007 Court Below Superior Court of the State of Delaware, in and for New Castle County Cr. ID 70020933DI Submitted: November 5, 2007 Decided: January 7, 2008 Before STEELE, Chief Justice, HOLLAND, and RIDGELY, Justices. ORDER This 7th day of January 2008, after careful consideration of appellant s opening brief and the State s motion to affirm, we find it manifest that the judgment below should be affirmed on the basis of the Superior Court=s wellreasoned decision dated July 18, 2007. The Superior Court did not err in concluding that appellant s motion for postconviction relief was time-barred and that appellant had failed to overcome this procedural hurdle. NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED. BY THE COURT: /s/ Myron T. Steele Chief Justice

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