Submitted March 31, 2014.
Case Closed May 27, 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 County. Cr. ID 1204010456.
Before HOLLAND, JACOBS, and RIDGELY, Justices.
Jack B. Jacobs, Justice.
This 16th day of May 2014, upon consideration of the appellant's Supreme Court Rule 26(c) brief, his attorney's motion to withdraw, and the State's response thereto, it appears to the Court that:
(1) Following a Superior Court jury retrial in July 2013, the defendant-appellant, Corey Bowers, was convicted of Carjacking in the First Degree (a class B felony), Robbery in the First Degree (a class B felony), two counts of Aggravated Act of Intimidation (a class D felony), two counts of Terroristic Threatening (a class A misdemeanor), and two counts of Misuse of Prisoner Mail (a class A misdemeanor). After a presentence investigation, the Superior Court sentenced Bowers to a total period of fifty years at Level V incarceration, to be suspended after serving sixteen years in prison for decreasing levels of supervision. This is Bowers' direct appeal.
(2) Bowers' counsel on appeal has filed a brief and a motion to withdraw pursuant to Rule 26(c). Bowers' counsel asserts that, based upon a complete and careful examination of the record, there are no arguably appealable issues. By letter, Bowers' attorney informed him of the provisions of Rule 26(c) and provided Bowers with a copy of the motion to withdraw and the accompanying brief. Bowers also was informed of his right to supplement his attorney's presentation. Bowers has raised several issues for this Court's consideration. The State has responded to Bowers' arguments, as well as to the position taken by Bowers' counsel, and has moved to affirm the Superior Court's judgment.
(3) The standard and scope of review applicable to the consideration of a motion to withdraw and an accompanying brief under Rule 26(c) is twofold: (a) this Court must be satisfied that defense counsel has made a conscientious examination of the record and the law for arguable claims; and (b) this Court must conduct its own review of the record to 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 evidence in this case established that, on April 14, 2012, the victim noticed a man standing outside a drug store in New Castle, Delaware as she walked into that store. After she left the store and got into her car, that same man got into her front passenger seat. He pointed a gun at her and demanded her car keys. He also grabbed her purse. The victim ran back into the drug store and called police. A witness in the drug store heard the victim screaming about the robbery. The witness got into his own vehicle and followed the suspect who was driving the victim's car. The witness stayed on his cell phone with the police and relayed information about the suspect's whereabouts. Police officers took over pursuit of the suspect.
(5) After momentarily losing sight of the suspect, officers found the victim's vehicle crashed at the southwest corner of 23rd and Washington Streets in the City of Wilmington. The victim's purse was inside the car along with a freshly painted black, toy gun containing smudges on the trigger and butt. Officers observed a man running away from the vehicle. A foot chase ensued, and Bowers was caught and arrested. Bowers had black smudges on his ...