Submitted June 2, 2014
Case Closed August 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 County. Cr. ID No. 1211016788.
Before STRINE, Chief Justice, HOLLAND and RIDGELY, Justices.
Henry duPont Ridgely, Justice
This 12th day of August 2014, upon consideration of the appellant's brief filed under Supreme Court Rule 26(c), his attorney's motion to withdraw, and the State's response, it appears to the Court that:
(1) In September 2013, a Superior Court jury convicted the appellant, Ronald Davis, of Possession of a Deadly Weapon by a Person Prohibited and Resisting Arrest. In December 2013, the Superior Court granted the State's habitual offender motion and sentenced Davis to a total of nine years at Level V. This is Davis' direct appeal.
(2) On appeal, Davis' trial counsel has filed a brief and a motion to withdraw pursuant to Supreme Court Rule 26(c) (" Rule 26(c)" ) asserting that there are no arguably appealable issues. Davis, through his trial counsel, has submitted several points for the Court's consideration. The State has responded to Davis' points and has moved to affirm the Superior Court judgment.
(3) When reviewing a motion to withdraw and an accompanying brief under Rule 26(c), this Court must be satisfied that the defendant's counsel has made a conscientious examination of the record and the law for arguable claims. The Court must also 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 State's first witness was Wilmington Police Officer Gaetan MacNamara. Officer MacNamara testified that shortly after 2:00 a.m. on November 21, 2012, as he was sitting in his patrol car on West Third Street in Wilmington, a green Honda Accord drove through a stop sign and almost struck his car. Officer MacNamara activated the patrol car's overhead emergency equipment and attempted to stop the Accord for the traffic violations. When the Accord failed to stop, a vehicle chase ensued. According to Office MacNamara, over the course of the chase, which lasted for several city blocks, the driver of the Accord disregarded several more stop signs and attempted to elude the police car. Ultimately, when the Accord sustained a flat tire, the driver exited the car and fled on foot into a nearby residential area.
(5) Officer MacNamara and Wilmington Police Officer John Santiago pursued Davis on foot. During the foot chase, Officer MacNamara and Officer Santiago saw Davis throw a dark semiautomatic-style gun into an alley between two houses. Both officers also heard the sound of something metal hitting the asphalt. At that point, Officer MacNamara stopped chasing Davis to secure the area where Davis had thrown the gun. ...