Submitted: May 28, 2014.
Case Closed June 16, 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. Case Number 1206022694A.
Before HOLLAND, BERGER and RIDGELY, Justices.
Randy J. Holland, Justice.
This 29th day of May 2014, it appears to the Court that:
1) The defendant-appellant, Lee Turner (" Turner" ), appeals his sentence following a guilty plea in the Superior Court to Manslaughter and Possession of a Firearm During the Commission of a Felony. The judge sentenced Turner to ten years at Level V supervision.
2) Turner raises one claim on appeal. He contends that his due process rights were violated when the prosecutor made remarks at sentencing that were factually inaccurate. The record does not support Turner's argument. Therefore, the judgments of the Superior Court must be affirmed.
3) In June 2012, Wilmington Police received a report of gun shots around Fly 365, a clothing store on West Fourth Street. Officers found two victims in the back alley, one shot in the chest and one shot in the stomach. The victim shot in the chest later died at Christiana Hospital from his injuries.
4) Officers later learned that Turner was the co-owner of Fly 365 and that his store had been broken into earlier that day. After being alerted to the earlier break-in, Turner drove to Fly 365. While Turner was cleaning up the store, a number of youths snuck back into the store. Turner shot at the intruders and left the scene.
5) Police located Turner three days later and obtained a search warrant for his residence. Police interviewed Turner, during which time Turner complained about officers harassing him and his family and contended that he had nothing to hide. Because he was not under arrest at the time, ...