State of Delaware v. Roswell.

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SUPERIOR COURT OF THE STATE OF DELAWARE RICHARD F. STOKES SUSSEX COU NTY C OUR THO USE JUDGE 1 THE CIRCLE, SUITE 2 GEORGETOWN, DE 19947 TELEPHONE (302) 856-5264 October 22, 2012 Richard R. Roswell SBI No. 00164 Sussex Correctional Institution P.O. Box 500 Georgetown, Delaware 19947 RE: State of Delaware v. Richard R. Roswell I.D. No. 1111011489 Motion for Postconviction Relief Denied. Dear Mr. Roswell: I have received your motion for postconviction relief, filed pursuant to Super.Ct.Crim.R.61 ( Rule 61"). You seek modification of your 15-year sentence for your seventh conviction of Driving Under the Influence, 21 Del.C. § 4177. Rule 61(a)(1) permits a defendant to seek to set aside a judgment of conviction. It does not address sentence modificiations, which fall within Rule 35. Because it is plainly appears from the motion and the record that you are not entitled to relief under Rule 61, your motion is SUMMARILY DISMISSED pursuant to Rule 61(d)(4). IT IS SO ORDERED. Very truly yours, /s/ Richard F. Stokes Richard F. Stokes Original to Prothonotary xc: Mark J. Cutrona, Equire, DOJ John P. Daniello, Esquire, OPD

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