This opinion is subject to revision or withdrawal till it released for publication in the permanent law reports. This disposition will appear in a reporter table.
Submitted: Sept. 2, 2008.
Court Below-Superior Court of the State of Delaware, in and for New Castle County, C.A. No. 08M-06-047.
Before STEELE, Chief Justice, HOLLAND, and RIDGELY, Justices.
MYRON T. STEELE, Chief Justice.
This 24th day of November 2008, upon consideration of the appellant's opening brief and the State's motion to affirm, it appears to the Court that:
(1) The appellant, Derious Johnson, filed this appeal from the Superior Court's denial of his petition for a writ of habeas corpus. The State has filed a motion to affirm the judgment below on the ground that it is manifest on the face of Johnson's opening brief that his appeal is without merit. We agree and affirm.
(2) The record reflects that Johnson currently is serving a life sentence as a habitual offender following his 2003 conviction on a charge of first degree rape. In June 2008, Johnson filed a petition in the Superior Court seeking a writ of habeas corpus. According to Johnson, his 2003 habitual offender sentence is illegal because one of his predicate offenses, a 1998 drug possession conviction, was invalid because the Superior Court had no jurisdiction over that charge. The Superior Court denied the writ. This appeal followed.
(3) After careful consideration of appellant's opening brief and the State's motion to affirm, we find it manifest that the judgment of the Superior Court should be affirmed. After a judgment of conviction in a court of competent jurisdiction and subsequent sentencing, a prisoner cannot seek release via a writ of habeas corpus " no matter how illegal or erroneous the judgment of conviction might have been, if the judgment of the court is legal on its face." [1 ...