State of Delaware v. Jones.
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SUPERIOR COURT OF THE STATE OF DELAWARE FRED S. SILVERMAN NEW CASTLE COUNTY COURTHOUSE 500 North King Street, Suite 10400 Wilmington, DE 19801-3733 Telephone (302) 255-0669 JUDGE September 6, 2011 INMATE MAIL Gregory D. Jones SBI# 215 H.R.Y.C.I. P.O. Box 9561 Wilmington, DE 19802 N440 Re: State v.Gregory D. Jones ID # 1009019694 Dear Mr. Jones: The court has your motion for postconviction relief, filed on August 30, 2011. You pleaded guilty on May 4, 2011. Because the judge who took your plea is unavailable to give it preliminary consideration, the prothonotary has sent your paperwork to me.1 Now, you claim that you received ineffective assistance of counsel. If you think there is good cause to withdraw your guilty plea, you must file a motion to that effect, without delay. You are scheduled for sentencing on September 9, 2011. Otherwise, by pleading guilty you waived all defects in the proceeding 1 Super Ct. Crim. R. 61(d). If the appropriate judge is unavailable to consider the motion, it shall be presented to another judge. Gregory D. Jones, Defendant State v. Gregory D. Jones ID # 1009019694 Letter/Order September 6, 2011 Page 2 up to that point, including complaints you have about your lawyer.2 Remember, the Truth-In-Sentencing guilty plea form that you signed includes your assurance to the court that you were satisfied with your lawyer s representation. For the foregoing reasons, your motion for postconviction relief is DISMISSED without prejudice to your filing a motion to withdraw your guilty plea, or your re-filing the current motion after you are sentenced and if you take a direct appeal from that sentencing. IT IS SO ORDERED. Very truly yours, Criminal Administrative Judge FSS/mes oc: Prothonotary (Criminal) cc: Andrew J. Vella, Deputy Attorney General John S. Edinger, Jr., Esquire Investigative Services 2 See Johnson v. State, 962 A.2d 917 (Del. 2008) (TABLE). The Court has long held that a voluntary guilty plea constitutes a waiver of any alleged errors or defects occurring prior to the entry of the plea.
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