Submitted: December 6, 2013
Mark A. Denney, Esquire, Deputy Attorney General, Department of Justice, Wilmington, Delaware, Attorney for the State.
Richard J. Zemble, Esquire, Attorney for Defendant Nathan R. Boykin.
COMMISSIONER'S REPORT AND RECOMMENDATION THAT DEFENDANT'S MOTION FOR POSTCONVICTION RELIEF SHOULD BE DENIED AND COUNSEL'S MOTION TO WITHDRAW SHOULD BE GRANTED.
This 6th day of January, 2014, upon consideration of Defendant's Motion for Postconviction Relief, it appears to the Court that:
BACKGROUND AND PROCEDURAL HISTORY
1. On August 1, 2011, Defendant Nathan R. Boykin was indicted on a number of charges including two counts of Attempted Robbery First Degree, two counts of Assault Second Degree, Burglary First Degree, five counts of Possession of a Firearm During the Commission of a Felony, Possession of a Firearm by a Person Prohibited, Wearing a Disguise During the Commission of a Felony, and Possession of a Destructive Weapon.
2. On January 19, 2012, Defendant Boykin pled guilty to six of the charges.Specifically, Defendant pled guilty to one count of Attempted Robbery First Degree, Burglary First Degree, one count of Assault Second Degree, and three counts of Possession of a Firearm During the Commission of a Felony. As part of the plea agreement, the remaining seven charges were dismissed by the State. As a result of the plea agreement, Defendant was facing a minimum sentence of 14 years of incarceration, which was the minimum mandatory sentence, and a maximum sentence of 123 years of incarceration.
3. On April 13, 2012, following a pre-sentence investigation, Defendant was sentenced to the minimum mandatory sentence of 14 years of incarceration, followed by decreasing levels of probation.
4. Defendant did not file a direct appeal to the Delaware Supreme Court.
5. Defendant Nathan Boykin was arrested after a home invasion with a firearm on June 18, 2011. Defendant broke into a home through a window in the middle of the night with a sawed-off shotgun in hand and while wearing a disguise. There were multiple people inside the home including a child. The home invasion did not go as planned a fight ensued inside the home with the victims detaining Defendant until the police arrived. 6. In Defendant's statement to the police, he admitted that he was intoxicated on the night at issue.
RULE 61 MOTION AND COUNSEL'S MOTION TO WITHDRAW
7. On April 8, 2013, Defendant filed a pro se motion for postconviction relief. In Defendant Boykin's pro se motion, he raised two claims. He claimed: 1) that his counsel was ineffective for failing to advise him that he had a mental illness ...