Jones v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE STEVIE JONES, Defendant Below, Appellant, v. STATE OF DELAWARE, Appellee. § § § § § § § § § § No. 151, 2022 Court Below—Superior Court of the State of Delaware Cr. ID No. 0609013400 (S) Submitted: July 19, 2022 Decided: August 16, 2022 Before SEITZ, Chief Justice; VAUGHN and TRAYNOR, Justices. ORDER After consideration of the appellant’s opening brief, the appellee’s motion to affirm, and the record on appeal, we conclude that the judgment below should be affirmed on the basis of the Superior Court’s order, dated April 7, 2022, denying the appellant’s untimely motion for postconviction relief.1 The appellant has not pleaded any circumstances under Superior Court Criminal Rule 61(d)(2)(i) or (d)(2)(ii) that overcome the procedural bar set forth in Rule 61(i)(1), nor does he claim that the Superior Court lacked jurisdiction.2 1 2 State v. Jones, 2022 WL 1043002 (Del. Super. Ct. Apr. 7, 2022). Del. Super. Ct. Crim. R. 61(i)(5). NOW, THEREFORE, IT IS ORDERED that motion to affirm is GRANTED and the judgment of the Superior Court is AFFIRMED. BY THE COURT: /s/ Gary F. Traynor Justice 2

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