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State v. Woods

Superior Court of Delaware, New Castle

August 27, 2014

STATE OF DELAWARE,
v.
BERNARD WOODS, Defendant.

Submitted: May 28, 2014

Upon Consideration of Defendant's Motion For Postconviction Relief, DENIED.

Upon Consideration of Defendant's Motion For Appointment of Counsel, DENIED.

Upon Consideration of Defendant's Motion For Evidentiary Hearing, DENIED.

Upon Consideration of Defendant's Motion For Expansion of the Record, DENIED.

Mark A. Denney, Deputy Attorney General, Department of Justice, Carvel State Wilmington, Delaware, Attorney for the State.

Bernard Woods, James T. Vaughn Correctional Center, Smyrna, pro se.

OPINION

VIVIAN L. MEDINILLA JUDGE

INTRODUCTION

Defendant Bernard Woods ("Defendant") pled guilty to Delivery of a Narcotic, Conspiracy Second Degree, Trafficking in Cocaine, Possession of a Deadly Weapon by a Person Prohibited and Possession of a Firearm During the Commission of a Felony, in violation of 16 Del. C. § 4751, 11 Del. C. § 521, 16 Del. C. § 4753A(a)(2), 11 Del. C. § 1448, and 11 Del. C. § 1447(a), respectively. This is Defendant's third Motion for Postconviction Relief. Defendant has also filed a Motion for Appointment of Counsel, Motion for Evidentiary Hearing, and Motion for Expansion of the Record. These Motions have been supplemented by a series of letters and "Memoranda of Law, " filed by Defendant, all of which have been reviewed and considered by the Court. For the reasons stated below, all four of Defendant's Motions are DENIED.

FACTUAL AND PROCEDURAL HISTORY

On October 29, 2007 Defendant was indicted for Delivery of a Narcotic, Possession of a Narcotic within 300 Feet of a Park, Conspiracy Second Degree, Trafficking in Cocaine, Possession with Intent to Deliver a Narcotic, Resisting Arrest, two counts of Possession of a Deadly Weapon by a Person Prohibited, and Possession of a Firearm During the Commission of a Felony.

Trial Counsel filed a Motion to Suppress and Motion for a Flowers Hearing on January 16, 2008 and January 17, 2008, respectively. Both hearings were scheduled for February 29, 2008. However, on February 28, 2008, Defendant entered a guilty plea to Delivery of a Narcotic, Conspiracy Second Degree, Trafficking in Cocaine, Possession of a Deadly Weapon by a Person Prohibited and Possession of a Firearm During the Commission of a Felony. Although Defendant was eligible to be sentenced as a habitual offender subject to a life sentence, [1] as part of the plea agreement, the State did not seek to have Defendant declared a habitual offender and capped its recommendation at a mandatory fifteen years of incarceration. Immediately following his plea, on February 28, 2008, Woods was sentenced to 29 years at Level V incarceration, suspended after 15 years for a period of drug treatment and probation. Defendant did not file a direct appeal with the Supreme Court of Delaware.

Defendant filed his first Motion for Postconviction Relief, pro se, on July 2, 2008. At that time, the Court requested and received an affidavit from trial counsel regarding Defendant's claims of ineffective assistance of counsel. Defendant's motion was denied by this Court on September 10, 2009. Defendant appealed and the judgment of the Superior Court was affirmed by the Supreme Court of Delaware on April 26, 2010.[2] On June 18, 2010, Defendant filed a second Motion for Postconviction ...


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