IN THE SUPREME COURT OF THE STATE OF DELAWARE KENNETH APPIAH, § § No. 337, 2023 Defendant Below, § Appellant, § Court Below–Superior Court § of the State of Delaware v. § § Cr. ID No. 1808022193 (N) STATE OF DELAWARE, § § Appellee. § Submitted: February 9, 2024 Decided: April 16, 2024 Before SEITZ, Chief Justice; VALIHURA and GRIFFITHS, Justices.

ORDER After consideration of the parties’ briefs and the record on appeal, we find it evident that the judgment below should be affirmed on the basis of and for the reasons cited by the Superior Court in its August 28, 2023 memorandum opinion denying the appellant’s first motion for postconviction relief.1 NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED.

BY THE COURT: /s/ Collins J. Seitz, Jr. Chief Justice

State v. Appiah, 2023 WL 5608927 (Del. Super. Ct. Aug. 28, 2023).