State v. Joyner ( 2023 )

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
STATE OF DELAWARE, )
)
v. ) ID No. 1906006276
)
DEMETRIUS JOYNER, )
)
Defendant. )
)
Date Submitted: January 30, 2023
Date Decided: March 21, 2023
ORDER
Upon consideration of Defendant’s Motion for Postconviction Relief
(“Motion”),1 Superior Court Criminal Rule 61, statutory and decisional law, and the
record, IT APPEARS THAT:
(1) On August 4, 2020, Defendant pled guilty to Rape Third Degree.2 By
Order dated January 8, 2021, effective June 12, 2019, he was sentenced to 20 years
at Level V, suspended after 7 years for 13 years at Level IV DOC discretion,
suspended after 1 year for 2 years at Level III.3
(2) Defendant did not file a direct appeal. On April 12, 2021, he filed a
Motion for Modification of Sentence,4 which was denied.5 Defendant filed the
1
D.I. 31.
2
D.I. 22.
3
D.I. 24. The first 2 years of Defendant’s sentence are a mandatory term of incarceration. See 11
Del. C. § 771; 11 Del. C. § 4205(b)(2).
4
D.I. 25.
5
D.I. 26.
instant Motion on January 30, 2023.6 The Motion does not set forth any legal
grounds for relief; instead, Defendant cites caretaking responsibilities, COVID-19,
health issues, and his family’s homelessness as his basis for seeking postconviction
relief.7
(3) Superior Court Criminal Rule 61 governs motions for postconviction
relief.8 Rule 61(a) requires that a postconviction motion be based on a sufficient
factual and legal basis.9 If it plainly appears from the motion that the movant is not
entitled to relief, the judge may summarily dismiss it.10 Because the instant Motion
fails to provide a sufficient factual and legal basis for postconviction relief, it plainly
appears that Defendant is not entitled to relief, and therefore the Court may enter an
Order for its summary dismissal.11
(4) Assuming arguendo that the Motion was meant to be construed as a
motion for modification of sentence, it would be procedurally barred. Under Rule
35(b), there is an absolute bar against repetitive requests for reduction of sentence,12
and Defendant has previously filed a motion for modification of sentence.13
NOW, THEREFORE, IT IS HEREBY ORDERED that Defendant’s
6
D.I. 31.
7
Id.
8
Super. Ct. Crim. R. 61.
9
Super. Ct. Crim. R. 61(a).
10
Super. Ct. Crim. R. 61(d)(5).
11
Id.
12
Super. Ct. Crim. R. 35(b).
13
D.I. 25.
2
Motion for Postconviction Relief is SUMMARILY DISMISSED.
/s/ Jan R. Jurden
Jan R. Jurden, President Judge
Original to Prothonotary
cc: Diana A. Dunn, DAG
Demetrius Joyner (SBI #00264375)
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