IN THE SUPREME COURT OF THE STATE OF DELAWARE DARON J. RODGERS, § § No. 276, 2022 Defendant Below, § Appellant, § § Court Below–Superior Court v. § of the State of Delaware § STATE OF DELAWARE, § § Cr. ID No. 1708021304 (N) Appellee. § Submitted: September 16, 2022 Decided: November 4, 2022 Before SEITZ, Chief Justice; VALIHURA and VAUGHN, Justices.

ORDER After consideration of the appellant’s opening brief, the State’s motion to affirm, and the record on appeal, we conclude that the judgment below should be affirmed on the basis of the Superior Court’s July 11, 2022 order summarily dismissing the appellant’s second, untimely motion for postconviction relief.

NOW, THEREFORE, IT IS ORDERED that the State’s motion to affirm is GRANTED and the judgment of the Superior Court is AFFIRMED.

BY THE COURT: /s/ Karen L. Valihura Justice