IN THE SUPREME COURT OF THE STATE OF DELAWARE UNIQUE SMITH, § § No. 168, 2022 § Defendant Below, § Appellant, § Court Below—Superior Court § of the State of Delaware v. § § ID No.: S2009007545 STATE OF DELAWARE, § § Appellee. § Submitted: February 22, 2023 Decided: March 1, 2023 Before SEITZ, Chief Justice; VAUGHN and TRAYNOR, Justices.

ORDER This 1st day of March, 2023, after consideration of the parties’ briefs and the record on appeal, it appears to the Court that the judgment of the Superior Court should be affirmed on the basis of and for the reasons stated in its April 18, 2022 Memorandum Opinion and Order.

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

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