Submitted: March 31, 2014
Upon Consideration of Defendant's Motion For Postconviction Relief, DENIED.
Upon Counsel's Motion to Withdraw, GRANTED.
Brian J. Robertson, Deputy Attorney General, Department of Justice, Carvel State Office Building, , Delaware, Attorney for the State.
John P. Deckers, Esquire.
Richard Dillard, James T. Vaughn Correctional Center, Smyrna, Delaware, pro se.
Defendant Richard Dillard ("Defendant") entered a plea of guilty to drug dealing on June 17, 2013. Defendant did not file an appeal to the Supreme Court of Delaware. Defendant filed the instant Motion for Postconviction Relief on August 1, 2013. Defendant was appointed counsel, who filed a Motion to Withdraw on February 2, 2014. This Court will consider both Defendant's Motion for Postconviction Relief as well as Defense Counsel's Motion to Withdraw. For the reasons stated below, Defendant's Motion for Postconviction Relief is DENIED. Counsel's Motion to Withdraw is GRANTED.
FACTUAL AND PROCEDURAL HISTORY
On October 16, 2012, Defendant was detained by the Wilmington Police Department following a motor vehicle stop for a license plate infraction. As law enforcement officers approached Defendant's vehicle, they suspected he was attempting to hide an unknown object. Upon approaching Mr. Dillard, the officers detected an odor of marijuana and observed in plain view several bags of marijuana in the center console. Defendant was asked to step out of his vehicle, detained for further investigation, and his vehicle was transported to the police station. During a subsequent inventory search, 3, 941 grams-or approximately eight (8) pounds-of marijuana were found in the trunk of the vehicle.
On January 22, 2013, Defendant was indicted on the following counts: Drug Dealing, Aggravated Possession, Possession of Drug Paraphernalia, Spinning Tires, No Proof of Insurance, and Failure to Transfer Title and Registration, in violation of 16 Del. C. §§ 4752(1), 4752(4), 4771, and 21 Del. C. §§ 4172, 2118(a), and 2503, respectively.
Defendant filed a Motion to Suppress Evidence on March 26, 2013, which was subsequently withdrawn on May 7, 2013. On June 17, 2013, at his final case review, Defendant entered a plea of guilty to one count of Drug Dealing, in violation of 16 Del. C. § 4752(1), and was immediately sentenced.
Defendant filed this Motion for Postconviction Relief on August 1, 2013. As this is his first motion, pursuant to Rule 61(e)(1), counsel was appointed for the purpose of representing Defendant ("Rule 61 Counsel"). Rule 61 Counsel filed a Motion to Withdraw as Counsel on February 6, 2014. In order to thoroughly evaluate Defendant's Rule 61 Motion, and Rule 61 Counsel's Motion to Withdraw, this Court enlarged the record by directing Defendant's trial counsel to submit an affidavit responding to Defendant's claims. Trial Counsel's affidavit was filed on March 18, 2014. The State filed a response to Defendant's Motion for ...