No. 417, 2002.Supreme Court of Delaware.Submitted: January 28, 2003.
Decided: March 31, 2003.
Court Below: Superior Court of the State of Delaware in and for New Castle County Cr.A. No. IN01101902 I.D. No. 0109014489
Affirmed.
Unpublished opinion is below.
JAMES KELLY, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. No. 417, 2002. Supreme Court of Delaware. Submitted: January 28, 2003. Decided: March 31, 2003.
Before VEASEY, Chief Justice, HOLLAND and BERGER, Justices.
Carolyn Berger, Justice:
ORDER
This 31st day of March, 2003, on consideration of the briefs of the parties, it appears to the Court that:
1) James Kelly appeals his conviction, following a jury trial, of felony theft. Kelly argues that the trial court erred in denying his motion to exclude evidence that:
i) he was delinquent in paying child support; ii) he owed money to several people; and iii) shortly before the alleged theft, he had promoted an unsuccessful hair show.
2) The trial court conducted an appropriate Getz[1] analysis and determined that the evidence was admissible to establish motive. We find that the trial court acted well within its discretion and affirm for the reasons stated by the trial court in its ruling.
NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court be, and the same hereby is, AFFIRMED.