Submitted: December 10, 2014
Renee L. Hrivnak, Esquire, Deputy Attorney General, Department of Justice, Wilmington, Delaware, Attorney for the State.
Patrick J. Collins and Albert J. Roop, V, Esquire, Attorney for Defendant James Matos.
COMMISSIONER'S REPORT AND RECOMMENDATION THAT DEFENDANT'S MOTION FOR POSTCONVICTION RELIEF SHOULD BE DENIED AND COUNSEL'S MOTION TO WITHDRAW SHOULD BE GRANTED.
Lynne M. Parker, Commissioner
This 19th day of February, 2015, upon consideration of Defendant's Motion for Postconviction Relief and Defendant's Rule 61 Counsel's Motion to Withdraw, it appears to the Court that:
BACKGROUND AND PROCEDURAL HISTORY
1. On March 1, 2010, Defendant James Matos was arrested and thereafter indicted on charges of Arson First Degree, Burglary Second Degree, Reckless Endangering First Degree, Cruelty to Animals, Harassment, and three counts of Breach of Bond Conditions.
2. The Superior Court jury trial commenced on November 3, 2010. At the November 5, 2010 prayer conference, the trial judge reduced the arson charge from first-degree arson to second–degree arson, because the parties (and the judge) agreed that Defendant could not be charged with first-degree arson based on the statutory definition of the term "building."
3. Following the trial, on November 9, 2010, the jury found Defendant guilty of the following offenses: second-degree arson, first-degree reckless endangering, first degree criminal trespass (a lesser-included offense of second degree burglary), cruelty to animals, three counts of breach of bond conditions and harassment.
4. Defendant Matos was declared a habitual offender, pursuant to 11 Del. C. § 4214(a), for each of his felony convictions.
5. On January 28, 2011, Defendant was sentenced as follows:
* 15 years at Level V for arson second degree;
* 5 years at Level V for reckless endangering first degree;
* 2 years at Level V for each of the three convictions of breach of bond conditions;
* 1 year at Level V, suspended for 1 year at Level III probation, for criminal trespass;
* 1 year at Level V, suspended for 1 year at Level III probation for harassment; and
* 1 year at Level V, suspended after 6 months, for 6 months at Level III ...