Silva v. State

• Court: Supreme Court of Delaware
• Decided: May 2, 2023
• Docket: 63, 2023
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF DELAWARE

HECTOR SILVA, § § No. 63, 2023 Defendant Below, § Appellant, § Court Below—Superior Court § of the State of Delaware v. § § Cr. ID No. 2101005040 (N) STATE OF DELAWARE, § § Appellee. § §

Submitted: March 22, 2023 Decided: May 2, 2023

Before SEITZ, Chief Justice; VALIHURA and TRAYNOR, Justices.

ORDER

After careful consideration of the opening brief, the motion to affirm, and the

record on appeal, the Court concludes that the judgment of the Superior Court should

be affirmed on the basis of the Superior Court’s February 7, 2023 order denying the

appellant’s motion for reduction of sentence. The Superior Court did not err in

concluding that the motion was time-barred under Superior Court Rule of Criminal

Procedure 35(b) and that the appellant did not establish extraordinary circumstances

to excuse the delay that “specifically justify the delay; are entirely beyond [the appellant’s] control; and have prevented the appellant from seeking the remedy on a

timely basis.”1

NOW, THEREFORE, IT IS ORDERED that the Motion to Affirm is

GRANTED and the judgment of the Superior Court is AFFIRMED.

BY THE COURT: /s/ Gary F. Traynor Justice

1 State v. Diaz, 2015 WL 1741768, at *2 (Del. Apr. 15, 2015) (internal quotations omitted). 2