Before STEELE, Chief Justice, HOLLAND and RIDGELY, Justices.

ORDER

MYRON T. STEELE, Chief Justice

This 29th day of December 2008, after careful consideration of the parties' briefs and the Superior Court record, we find it manifest that the judgment of the Superior Court should be affirmed on the basis of the Superior Court's decision dated May 2, 2008. The Superior Court did not err in concluding that appellant's third motion for postconviction relief was procedurally barred without exception.

NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED.