Guess v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE MARK GUESS, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 331, 2006 Court Below Superior Court of the State of Delaware, in and for Sussex County Cr. ID. 0107018161 Submitted: August 28, 2006 Decided: October 25, 2006 Before STEELE, Chief Justice, HOLLAND, and RIDGELY, Justices. ORDER This 25th day of October 2006, after careful consideration of appellant s opening brief and the State s motion to affirm, we find it manifest that the judgment below should be affirmed on the basis of the Superior Court=s wellreasoned decision dated June 21, 2006. The Superior Court did not err in concluding that appellant s motion for postconviction relief was repetitive and that appellant had failed to overcome this procedural hurdle. NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED. BY THE COURT: /s/ Myron T. Steele Chief Justice

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