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Wright v. State

Supreme Court of Delaware

April 8, 2015

JERRIN A. WRIGHT, Defendant Below, Appellant,
v.
STATE OF DELAWARE, Plaintiff Below, Appellee.

Submitted: March 19, 2015

Court Below: Superior Court of the State of Delaware, in and for Kent County Cr. ID No. 9702016179

Before STRINE, Chief Justice; HOLLAND, and VALIHURA, Justices.

ORDER

Leo E. Strine, Jr. Chief Justice

This 8th day of April 2015, upon consideration of the appellant's opening brief, the State's motion to affirm, [1] and the record below, it appears to the Court that:

(1) The appellant, Jerrin A. Wright, filed this appeal from a Superior Court order, dated January 5, 2015, denying his motion for reconsideration. Wright sought reconsideration of a Superior Court order, dated November 25, 2014 and docketed on November 26, 2014, denying his motion for correction of an illegal sentence and to vacate conviction. In his opening brief on appeal, Wright attempts to argue the merits of his motion for correction. The State of Delaware has filed a motion to affirm the judgment below on the ground that it is manifest on the face of Wright's opening brief that his appeal without merit. We agree and affirm.

(2) A motion for reargument must be filed within five days of the filing of the order that the movant seeks to reargue.[2] Wright filed his motion for reconsideration of the Superior Court's order denying his motion for correction on December 9, 2014, more than five days (excluding intermediate Saturdays, Sundays, and legal holidays)[3] after the November 26, 2014 docketing of the Superior Court's order. Wright's motion for reconsideration was therefore untimely.[4] We affirm the Superior Court's denial of Wright's motion for reconsideration.

(3) As to Wright's arguments regarding the merits of his motion for correction, this Court is without jurisdiction to consider those claims. Wright's untimely motion for reconsideration did not toll the time to appeal the denial of his motion for correction.[5] A timely notice of appeal from the Superior Court's order denying the motion for correction should have been filed by December 29, 2014.[6]Wright did not file a notice of appeal until January 21, 2015.

NOW, THEREFORE, IT IS ORDERED that the motion to affirm is GRANTED and the judgment of the Superior Court is AFFIRMED.


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