October 22, 2012
State of Delaware
Richard R. Roswell
Original to Prothonotary Mark J. Cutrona, Equire, DOJ
John P. Daniello, Esquire, OPD
Dear Mr. Roswell:
I have received your motion for postconviction relief, filed pursuant to Super.Ct.Crim.R.61 ("Rule 61"). You seek modification of your 15-year sentence for your seventh conviction of Driving Under the Influence, 21 Del.C. § 4177.
Rule 61(a)(1) permits a defendant to seek to set aside a judgment of conviction. It does not address sentence modificiations, which fall within Rule 35.
Because it is plainly appears from the motion and the record that you are not entitled to relief under Rule 61, your motion is SUMMARILY DISMISSED pursuant to Rule 61(d)(4).
IT IS SO ORDERED.
Very truly yours,
Richard F. Stokes