State of Delaware v. Elliott.
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IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY State of Delaware 5. ) ) ) ) Andre Elliott, Defendant ID# 0005023797 ) ) ) ) Submitted: May 18, 2001 Decided: September 21, 2001 ORDER Now this 21st day of September, 2001, after consideration of defendant s Motion to Withdraw Plea of Guilty to the charge of Rape in the Second Degree, and after an Evidentiary hearing the Court concludes as follows: 1) Defendant s position that he was unaware of the potential sentence is false in that he was advised by counsel, the court and the guilty plea form he signed of the sentence. 2) Defendant s position that he was coerced by his attorney is totally unsubstantiated. 3) Defendant s statement that he is innocent is unsupported by his statements to the police and the video tape of his commission of the offense and his reaction to being shown a still photo of part of the tape. 4) Defendant received adequate legal representation throughout these proceedings. Wherefore, his Motion to Withdraw Plea is DENIED. IT IS SO ORDERED. ______________________________ The Honorable Richard S. Gebelein cc: Prothonotary Presentence Defendant Brian Bartley, Esq. Andrew Vella, Esq. Kevin O Connell, Esq.
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