Submitted April 8, 2014.
Case Closed May 28, 2014.
This decision has been designated as "Table of Decisions Without Published Opinions." in the Atlantic Reporter.
Court Below--Superior Court of the State of Delaware, in and for New Castle Countyn. Cr. ID 1211010656.
Before HOLLAND, BERGER, and JACOBS, Justices.
Carolyn Berger, Justice.
This 9th day of May 2014, upon consideration of the appellant's Supreme Court Rule 26(c) brief, the State's response thereto, and the record below, it appears to the Court that:
(1) On August 2, 2013, after a three day trial, a Superior Court jury found the appellant, Prentice Triplett, guilty of possession of a firearm by a person prohibited (" PFBPP" ). On October 4, 2013, the Superior Court found that Triplett was a habitual offender and sentenced him to the minimum mandatory sentence of eight years at Level V. This is Triplett's direct appeal.
(2) On appeal, Triplett's appellate counsel (" Counsel" ) filed a brief and a motion to withdraw pursuant to Supreme Court Rule 26(c) (" Rule 26(c)" ). Counsel asserts that, based upon a complete and careful examination of the record, there are no arguably appealable issues. By letter, Counsel informed Triplett of the provisions of Rule 26(c) and provided Triplett with a copy of the motion to withdraw and the accompanying brief. Counsel also informed Triplett of his right to identify any points he wished this Court to consider on appeal. Triplett has raised several issues for this Court's consideration. The State has responded to the issues raised by Triplett and moved to affirm the Superior Court's judgment.
(3) When reviewing a motion to withdraw and an accompanying brief, this Court must: (i) be satisfied that defense counsel has made a conscientious examination of the record and the law for arguable claims; and (ii) must conduct its own review of the record and determine whether the appeal is so totally devoid of at least arguably appealable issues that it can be decided without an adversary presentation.
(4) The trial transcript in this case reflects that the Wilmington Police Department was investigating Triplett in November 2012. On November 14, 2012, the Wilmington Police Department executed a search warrant for 1218 Pleasant Street, Wilmington, Delaware. Prior to execution of the search warrant, Officer Deshaun Ketler observed a man leaving the house. Detective Alexis Schupp identified that man as Triplett.
(5) While searching the unoccupied house, the police found a man's jacket containing a Colt .38 revolver loaded with five live, and one spent, rounds of ammunition and a pair of boots containing multiple bags of marijuana in the living room. The gun, wrapped in a direct deposit slip bearing Triplett's name, the 1218 Pleasant Street address and a date of November 6, 2012, was found in the left pocket of the jacket. A Delaware ...