Petsinger v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE JOHN PETSINGER, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 422, 2002 Court Below Superior Court of the State of Delaware, in and for Sussex County Cr. ID No. 30306671DI Submitted: August 1, 2002 Decided: August 28, 2002 Before VEASEY, Chief Justice, WALSH, and HOLLAND, Justices. ORDER This 28th day of August 2002, after careful consideration of the appellant s opening brief, the State s motion to affirm, and the record, we find it manifest that the judgment of the Superior Court should be affirmed on the basis of the Superior Court=s well-reasoned decision dated June 28, 2002. The Superior Court did not err in concluding that Petsinger lacked standing to pursue a motion for postconviction relief because Petsinger had been discharged as unimproved from his probationary sentence in March 2000.* * See Guinn v. State, No. 549, 1992, Walsh, J. (Apr. 21, 1993). NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED. BY THE COURT: s/Joseph T. Walsh Justice 2

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