Submitted: October 7, 2014
Motion for Post-Conviction Relief DENIED
Phyllis Scully, Esquire, Deputy Attorney General, Department of Justice, Wilmington, Delaware, Attorney for the State.
Marquex Barrett, Wilmington, DE, pro se.
Eric M. Davis, Judge
This 14th day of January, 2015, upon consideration of the Motion for Postconviction Relief (the "Rule 61 Motion") filed by Marquex Barrett; the facts and legal authorities set forth in the Rule 61 Motion; and, the entire record in this case:
1. Mr. Barrett was arrested on April 1, 2006 and charged with Possession with Intent to Deliver a Narcotic Schedule II Controlled Substance, Use of a Vehicle for Keeping Controlled Substances, and Driving While License is Suspended, and Violation of Probation. Chris Tease, Esq. ("Trial Counsel") was assigned as Trial Counsel to represent Mr. Barrett.
2. On July 26, 2006, Mr. Barrett pled guilty to Possession with Intent to Deliver a Narcotic Schedule II Controlled Substance and Violation of Probation. Mr. Barrett was represented by Trial Counsel when taking the plea. The same day, the Court sentenced Mr. Barrett to 10 years at supervision Level V, suspended after serving 3 years, for 2 years at supervision Level IV, suspended after serving 6 months at supervision Level IV Plummer Center, for 18 months at supervision Level III (the "Sentence").
3. Mr. Barrett served his time at Level 5. Thereafter, Mr. Barrett was released and was supervised on probation both at Level 4 and Level 3. At some point, the State filed a progress report and sought to have Mr. Barrett found in violation of his probation. The basis of the purported violation was that Mr. Barrett committed new offenses while on probation.
4. When the State nolle prossed those new offenses on November 5, 2010, the State withdrew its request to violate Mr. Barrett and, instead, asked this Court to discharge Mr. Barrett from his probation as unimproved. This Court approved the request to discharge Mr. Barrett from probation on November 15, 2010. On November 22, 2010, Mr. Barrett was discharged from probation on the Sentence as unimproved.
5. As of November 22, 2010, Mr. Barrett was no longer in custody under the Sentence. Moreover, Mr. Barrett could not be incarcerated in the future under the Sentence as he had been discharged from probation.
6. On November 2, 2012, this Court sentenced Mr. Barrett on a Drug Dealing charge – I.D. No. 1201014151 (the "Other Conviction"). This Court declared Mr. Barrett to be a habitual offender under 11 Del. C. § 4214(a). The sentence on the Other Conviction was for 2 years and 6 months at Level 5 (with credit for 2 days served).
7. On October 8, 2013, Mr. Barrett filed the Rule 61 Motion. The Rule 61 Motion relates to the Sentence imposed by this Court in case I.D. 0604000165. In the Rule 61 Motion, Mr. Barrett seeks relief due to ineffective assistance of Trial Counsel, wanton misconduct by
Trial Counsel for Trial Counsel's alleged failure to file motions on behalf of Mr. Barrett, and Trial Counsel's alleged failure to investigate ...