Cadiz v. State
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IN THE SUPREME COURT OF THE STATE OF DELAWARE ANTHONY CADIZ, Defendant Below, Appellant, v. STATE OF DELAWARE, Appellee. § § § § § § § § § § § No. 67, 2022 Court Below–Superior Court of the State of Delaware Cr. ID Nos. 1610004774 (K) 1611016828 (K) Submitted: July 25, 2022 Decided: August 15, 2022 Before SEITZ, Chief Justice; VAUGHN and TRAYNOR, Justices. ORDER After consideration of the appellant’s opening brief, the State’s motion to affirm, and the record on appeal, we conclude that the Superior Court’s summary dismissal of the appellant’s second, untimely motion for postconviction relief should be affirmed. The appellant, Anthony Cadiz, does not allege that new evidence of actual innocence exists. Even if Cadiz did, however, he cannot avail himself of Superior Court Criminal Rule 61(d)(2) because he waived his right to a jury trial and chose to plead guilty.1 And Cadiz does not claim that the Superior Court lacked jurisdiction to enter a judgment of conviction and sentence him.2 NOW, THEREFORE, IT IS ORDERED that the State’s motion to affirm is GRANTED and the judgment of the Superior Court is AFFIRMED. BY THE COURT: /s/ Gary F. Traynor Justice 1 Del. Super. Ct. Crim. R. 61(d)(2) (providing that a second or subsequent motion for postconviction relief must be summarily dismissed unless the movant was convicted after a trial and satisfies additional pleading requirements). 2 Del. Super. Ct. Crim. R. 61(i)(5). 2
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