April 15, 2014
DONALD J. BOYER, Defendant Below, Appellant,
STATE OF DELAWARE, Plaintiff Below, Appellee
Submitted February 27, 2014.
Motion for Rehearing filed 4/28/14; Denied 5/1/14. Case Closed May 1, 2014.
This decision has been designated as "Table of Decisions Without Published Opinions." in the Atlantic Reporter.
Court Below--Superior Court of the State of Delaware in and for New Castle County. Cr. ID No. 86010533DI.
Before HOLLAND, BERGER and RIDGELY, Justices.
Randy J. Holland, Justice.
This 15th day of April 2014, after careful consideration of the appellant's opening brief, the appellee's motion to affirm, and the record on appeal, we find it manifest that the judgment on appeal should be affirmed on the basis of and for the reasons assigned by the Superior Court in its memorandum opinion of December 11, 2013. The Superior Court did not err in concluding that the appellant was not entitled to the appointment of counsel, and that appellant's fourth motion for postconviction relief was procedurally barred without exception.
NOW, THEREFORE, IT IS ORDERED that the appellee's motion to affirm is GRANTED. The judgment of the Superior Court is AFFIRMED.