STATE v. PUMPHREY, 00-04-0160 (Del.Super. 2006)

Cr.A. Nos. 00-04-0160 — Theft, 00-04-0161 — Conspiracy in the Second Degree, 00-04-0162 — Failure to take Photographs and Fingerprints, Def. ID No. 00020114519.Superior Court of Delaware for Sussex County.Submitted: July 1, 2006.
October 17, 2006.

Elton L. Pumphrey, Sussex Correctional Institution, Georgetown, DE.

E. SCOTT BRADLEY, Judge.

Dear Mr. Pumphrey:

Your motion for postconviction relief is denied. According to Superior Court Criminal Rule 61 (a)(1), a motion for postconviction relief may be brought only by “a person in custody or subject to future custody under a sentence of this court” being challenged.[1] After I found you in violation of your probation on the above-referenced charges on November 8, 2002, I sentenced you to four years at Supervision Level V with no probation to follow. You were released on April 14, 2006. Thus, you are no longer in custody or subject to future custody under the sentencing order dated November 8, 2002.[2] Therefore, you do not have standing to pursue your claim under Superior Court Criminal Rule 61.