Hudson v. State ( 2021 )


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  •           IN THE SUPREME COURT OF THE STATE OF DELAWARE
    JOVON J. HUDSON,                           §       No. 221, 2021
    §
    Defendant Below,               §       Court Below – Superior Court
    Appellant,                     §       of the State of Delaware
    v.                                     §
    §       I.D. No. 1903012670 (N)
    STATE OF DELAWARE,                         §
    §
    Plaintiff Below,               §
    Appellee.                      §
    Submitted: July 28, 2021
    Decided: October 1, 2021
    Before SEITZ, Chief Justice; VAUGHN and MONTGOMERY-REEVES,
    Justices.
    ORDER
    After careful consideration of the appellant’s opening brief, the State’s motion
    to affirm, and the record on appeal, we find it evident that the judgment below should
    be affirmed on the basis of and for the reasons assigned in the Superior Court’s June
    28, 2021 order denying the appellant’s motion for correction of an illegal sentence.
    The Superior Court was under no obligation to hold, sua sponte, a competency
    hearing before accepting the appellant’s guilty plea where, as here, there is no
    evidence that the court was presented with any reason to doubt his competence.1
    1
    Kostyshyn v. State, 
    51 A.3d 416
    , 420 (Del. 2012) (“Due Process requires the trial court to inquire
    sua sponte as to the defendant’s competence in every case in which there is a reason to doubt the
    defendant’s competence to stand trial.” (internal quotation marks and citations omitted)). Because
    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/ Tamika R. Montgomery-Reeves
    Justice
    the appellant pled guilty at his first court appearance and did not file a direct appeal, the record is
    slim. But we note that the plea paperwork reflects that the appellant had never been a patient at a
    mental hospital.
    2
    

Document Info

Docket Number: 221, 2021

Judges: Montgomery-Reeves J.

Filed Date: 10/1/2021

Precedential Status: Precedential

Modified Date: 10/5/2021