No. 71, 2000.Supreme Court of Delaware.
Decided: May 23, 2000.
Petition Dismissed.
Unpublished Opinion is below.
IN THE MATTER OF THE PETITION OF FRANCIS ALLEN FOR A WRIT OF ERROR CORAM NOBIS. No. 71, 2000. In the Supreme Court of the State of Delaware. Submitted: April 12, 2000. Decided: May 23, 2000.
Before VEASEY, Chief Justice, WALSH and BERGER, Justices.
ORDER
E. Norman Veasey Chief Justice
This 23rd day of May 2000, it appears to the Court that:
(1) On February 16, 2000, Mr. Francis Allen filed a petition for a “writ of error coram nobis”[1] in this Court. On March 6, 2000, the State filed an answer and motion to dismiss.
(2) In April 1994, Allen pleaded guilty in the Superior Court to one count of second degree robbery.[2] Allen was sentenced to three years of imprisonment, suspended for varying levels of probation. In October 1997, Allen was adjudged guilty of violation of probation and was sentenced to three years of imprisonment, suspended for probation upon completion of a residential drug treatment program.[3]
(3) In his petition filed in this Court, Allen alleged that his Superior Court sentence expired on February 23, 2000. By letter dated March 31, 2000, this Court asked the Superior Court to review the status of Allen’s sentence.
(4) By letter dated April 12, 2000, the Superior Court reported that Allen was released on April 6, 2000. As a result, Allen’s petition in this Court is now moot.
NOW, THEREFORE, IT IS HEREBY ORDERED that the State’s motion to dismiss is GRANTED. Allen’s petition for a “writ of error coram nobis” is DISMISSED.