Roten v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE BEN ROTEN, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 189, 2013 Court Below Superior Court of the State of Delaware, in and for Sussex County Cr. ID 0401005180 Submitted: May 3, 2013 Decided: May 31, 2013 Before STEELE, Chief Justice, HOLLAND and BERGER, Justices. ORDER This 31st day of May 2013, after careful consideration of the opening brief, the motion to affirm, and the record below, we find it manifest that the judgment below should be affirmed on the basis of the Superior Court s well-reasoned decision dated March 27, 2013. The Superior Court did not err in concluding that appellant s motion to reopen a 2006 postconviction judgment was, in fact, an untimely motion to reargue or amend the 2006 judgment. NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED. BY THE COURT: /s/ Randy J. Holland Justice

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