Submitted: April 2, 2014
Martin O'Connor, Esquire, Deputy Attorney General, Department of Justice, Wilmington, Delaware, Attorney for the State.
Brian J. Chapman, Esquire, 1232 N. King Street, Suite 300, Wilmington, Delaware 19801, Attorney for Defendant Kenneth W. Coble.
COMMISSIONER'S REPORT AND RECOMMENDATION THAT DEFENDANT'S MOTION FOR POSTCONVICTION RELIEF SHOULD BE DENIED
Lynne M. Parker, Commissioner
This 30th day of April, 2014, upon consideration of Defendant's Motion for Postconviction Relief, it appears to the Court that:
BACKGROUND AND PROCEDURAL HISTORY
1. Defendant Kenneth W. Coble was indicted on the charges of Attempted Rape in the First Degree and Assault in the First Degree. On January 24, 2011, Defendant Kenneth W. Coble pled guilty to a single count of Assault in the Second Degree as a lesser included offense of Assault in the First Degree. In exchange for the guilty plea, the State dismissed the remaining charges of the indictment.
2. As part of the plea agreement, Defendant agreed that he would be sentenced, and qualified to be sentenced, as a habitual offender pursuant to 11 Del. C. § 4214(a).
3. During the plea colloquy, Defendant represented to the court that he agreed to plead guilty to assault in the second degree, that a presentence investigation would be conducted, and that Defendant agreed that he was qualified to be and will agree to be sentenced as a habitual offender. Defendant further represented to the court that he understood that if he was declared a habitual offender, he could be sentenced to a minimum of eight years of Level V incarceration up to a life sentence.
4. This action stemmed from Defendant's brutal sexual attack on a 63 year old female victim. Defendant savagely beat his victim's face because she refused to perform a sexual act. He broke bones in her eyebrows, nose, and jaw. When she screamed in pain, he told her to "Shut up or I'll kill you." Defendant had a history of prior sexual assaults as well as convictions for burglaries.
5. On July 6, 2011, following a determination that Defendant qualified as a habitual offender under 11 Del. C. § 4214(a), the Superior Court sentenced Defendant to life in prison.
6. Defendant filed a direct appeal to the Delaware Supreme Court. On May 30, 2012, the Delaware Supreme Court affirmed the judgment of the Superior Court.
DEFENDANT'S RULE 61 MOTION
7. On December 18, 2012, Defendant filed a Pro Se motion for postconviction relief. Thereafter, Defendant was assigned counsel and an Amended Motion for Postconviction Relief was filed on December 19, 2013. In the subject motion, Defendant contends that his trial counsel was ineffective for failing to make the State ...