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State v. Copeland

Superior Court of Delaware, New Castle

January 13, 2015

STATE OF DELAWARE
v.
ANTHONY C. COPELAND, Defendant.

Brian J. Robertson, Deputy Attorney General

Anthony C. Copeland, Defendant

ORDER

FRED S. SILVERMAN JUDGE

1. This is the fourth time the court has addressed Defendant's objections to the sentence imposed in 2008.

2. This time, Defendant claims his sentence is illegal because his convictions "merged" or are "multiplicitious."

3. Defendant's argument, in effect, is not that ANY of his four sentences is illegal. His claim is that he should not have been convicted in the first place. A claim of wrongful conviction is not a matter for Superior Court Criminal Rule 35.

4. The argument that the claims "merged" or are "multiplicitious" should have been made at the time Defendant pleaded guilty, on direct appeal or through a timely motion for postconviction relief.

For the foregoing reasons, Defendant's December 23, 2014 Motion for Correction of Sentence is DENIED as legally frivolous.

IT IS SO ORDERED.


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