Epperson v. State
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IN THE SUPREME COURT OF THE STATE OF DELAWARE KEVIN S. EPPERSON, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 249, 2003 Court Below Superior Court of the State of Delaware, in and for New Castle County Cr.A. Nos. IN87-07-0944 and -0945 Cr. ID 30704118DI Submitted: June 19, 2003 Decided: July 18, 2003 Before VEASEY, Chief Justice, HOLLAND, and BERGER, Justices. ORDER This 18th day of July 2003, after careful consideration of the appellant s opening brief, the State s motion to affirm, and the record below, we find it manifest on the face of the opening brief that the judgment of the Superior Court should be affirmed on the basis of the Superior Court=s wellreasoned order dated May 6, 2003. The Superior Court did not err in concluding that Epperson s latest postconviction petition should be denied because Epperson previously had been discharged as unimproved from the probationary sentence associated with the charges for which he sought postconviction relief. Thus, Epperson is no longer subject to custody as a result of those prior charges.* NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED. BY THE COURT: /s/ Randy J. Holland Justice * See DEL. SUPER. CT. CRIM. R. 61(a)(1) (postconviction relief available to a person in custody or subject to future custody under a sentence of the Superior Court). 2
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