Submitted: September 11, 2013.
COMMISSIONER'S REPORT AND RECOMMENDATION THAT DEFENDANT'S MOTION FOR POSTCONVICTION RELIEF SHOULD BE DENIED.
Elizabeth R. McFarlan, Esquire, Deputy Attorney General, Department of Justice, Wilmington, Delaware, Attorney for the State.
Terrence L. Jones, James T. Vaughn Correctional Center, Smyrna, Delaware, pro se.
This 24th day of September 2013, upon consideration of Defendant's Motion for Postconviction Relief, it appears to the Court that:
1. In November 1997, Defendant Terrence L. Jones was tried before a Superior Court jury on multiple criminal charges arising from the robbery of a Dollar Express store in Stanton, Delaware. The jury found Defendant guilty of Second Degree Conspiracy but was unable to reach a unanimous verdict as to the remaining counts.
2. A second trial was held in July 1998. Jones was found guilty of First Degree Robbery, two counts of Attempted First Degree Robbery, Second Degree Assault, Second Degree Burglary, Wearing a Disguise During the Commission of a Felony, and five counts of Possession of a Firearm During the Commission of a Felony.
3. Prior to Defendant's September 1998 sentencing, the State moved to declare Jones a habitual criminal offender pursuant to 11 Del. C. § 4214(a). The State's application was premised on Jones' two prior robbery convictions in California, a felony escape charge from Delaware, and a prior second degree robbery conviction that occurred in Delaware. The Superior Court granted the State's motion to declare Jones a habitual offender for each of the ten violent felony convictions.
4. On September 4, 1998, Defendant was sentenced to a total of 176 years of imprisonment, followed by probation.
5. There was a criminal action pending against Defendant Jones arising from unrelated burglary and theft charges. Following Defendant's sentencing on September 4, 1998 in this action to 176 years of incarceration, the State dismissed all of the charges which were pending in the other unrelated action.
6. On May 21, 1999, on direct appeal, the Delaware Supreme Court affirmed the judgment of the Superior Court.
7. On June 5, 2002, Defendant filed a Motion for Postconviction Relief. In Defendant's motion for postconviction relief he raised various ineffective assistance of counsel claims. By Order dated September 10, 2002, the Superior Court denied Defendant's motion.
8. On January 4, 2012, Defendant filed a motion for correction of sentence pursuant to Superior Court Criminal Rule 35(a). By Order dated February 13, 2012, the Superior Court denied the motion. On appeal, the Delaware ...