Lacombe v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE CLAUDE LACOMBE, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 22, 2018 Court Below—Superior Court of the State of Delaware Cr. ID 1201018188 (N) Submitted: February 8, 2018 Decided: April 5, 2018 Before STRINE, Chief Justice; VALIHURA and TRAYNOR, Justices. ORDER This 5th day of April 2018, after consideration of the opening brief and the motion to affirm, it is clear that the judgment below should be affirmed on the basis of and for the reasons assigned by the Superior Court in its well-reasoned decision dated December 21, 2017. This was Lacombe’s second motion for postconviction relief following his guilty plea in 2013. A second or subsequent postconviction motion following the entry of a guilty plea is subject to summary dismissal under Rule 61(d)(2).1 The Superior Court did not err in denying Lacombe relief. Del. Super. Ct. Crim. R. 61(d)(2) (stating that a second or subsequent Rule 61 motion “shall be summarily dismissed, unless the movant was convicted after a trial and the motion” meets additional criteria under the rule). 1 NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED. BY THE COURT: /s/ Leo E. Strine, Jr. Chief Justice 2

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