Brown v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE PATRICK L. BROWN, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 81, 2002 Court Below Superior Court of the State of Delaware, in and for Sussex County Cr. ID No. 9605005835 Submitted: April 15, 2002 Decided: May 20, 2002 Before WALSH, HOLLAND, and BERGER, Justices. ORDER This 20th day of May 2002, upon consideration of the appellant s opening brief, the State s motion to affirm, and the record below, it appears to the Court that: (1) The defendant-appellant, Patrick L. Brown, was convicted by a Superior Court jury in 1997 of attempted first degree robbery, first degree burglary, second degree assault, four counts of possession of a firearm during the commission of a felony, four counts of second degree conspiracy, and disorderly conduct. The Superior Court sentenced Brown to a total period of sixteen years and thirty days at Level V incarceration followed by ten years of decreasing levels of supervision. His convictions and sentences were affirmed on direct appeal.1 In October 2001, Brown filed a petition for postconviction relief and asserted twenty-four grounds for relief. The Superior Court denied Brown s petition. This appeal ensued. (2) Having carefully considered the parties respective positions, we find it manifest on the face of the opening brief that the appeal is without merit and that the judgment of the Superior Court should be affirmed on the basis of the Superior Court s well-reasoned decision dated January 28, 2002. The Superior Court did not err in concluding that Brown s claims lacked merit. NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED. BY THE COURT: /s/ Randy J. Holland Justice 1 Brown v. State, 729 A.2d 259 (Del. 1999). 2

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