State of Delaware v. Colon.
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SUPERIOR COURT OF THE STATE OF DELAWARE John E. Babiarz, Jr. Judge New Castle County Courthouse 500 North King Street, Suite 10400 Wilmington, Delaware 19801 March 4, 2008 Jose A. Colon Delaware Correctional Center 1181 Paddock Road Smyrna, DE 19977 RE: State of Delaware v. Jose Colon ID. No. 0501004460 Dr. Mr. Colon, I have received your Motion for Reargument in which you ask that I reconsider the summary dismissal of your Motion for Postconviction Relief. A Motion for Reargument must be filed w ithin five days a fter the filing of the Court s Order, which in this case was February 6, 2008.1 Your motion was filed on February 14, 2008, and is therefore not timely filed. Furthermore, you have not identified any errors of f act or law in the Cou rt s Order, but have reiterated the arguments made in your Motion for Postconviction Relief. You assert that Charles Seifert s identification of you from among a photo array of four white men and two hispanics was overly suggestive because Seifert had previously identified another person as the robber. While still at the scene of the robbery, Seifert was shown a photo of Daniel 1 Super. Ct. Civ. R. 59(e). Rivera, whose name and photo came up when the police ran the car s lic ense plate o n their computer. Seifert said he thought Rivera was the robber. When he was sh own a p hoto array of six men, he pointed to you as the robber. A t the bench trial, I found S eifert s photo identification to be credible, and the Su preme C ourt conclu ded that this f inding w as within the factfinder s discretion.2 You h ave no t presen ted to ref ute this f inding . Your Motion for Reargum ent is Denied. It Is So ORDERED. Very truly yours, Judge John E . Babiarz, Jr. JEB,jr/ram /bjw Original to Prothonotary 2 Colon v. State, Del. Supr., No. 199, 2006, Steele, C.J., (Sept. 22, 2006).
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