Submitted: December 19, 2014
Upon Consideration of Defendant's Motion For Postconviction Relief, DENIED.
Upon Counsel's Motion to Withdraw, GRANTED.
Julie A. Finocchiaro, Deputy Attorney General, Wilmington, Delaware, Attorney for the State.
Saagar B. Shah, Esquire, Wilmington, Delaware, Attorney for the Defendant.
Darryl J. Rago, Esquire, Wilmington, Delaware, Trial Attorney for the Defendant.
Vivian L. Medinilla, Judge.
On October 1, 2013, Defendant Travis Bowers ("Defendant") pleaded guilty to one count of Failure to Properly Report as a Registered Sex Offender and one count of Burglary Second Degree. On December 20, 2013, this Court sentenced Defendant to a total of thirteen months of incarceration, with a period of probation to follow. Defendant filed the instant Motion for Postconviction Relief on March 13, 2014. Defendant's appointed counsel filed a Motion to Withdraw on November 20, 2014, on the grounds that there are no meritorious claims which can be ethically advocated. For the reasons that follow, Defendant's Motion for Postconviction Relief is DENIED and Counsel's Motion to Withdraw is GRANTED.
FACTUAL AND PROCEDURAL HISTORY
On May 29, 2012, New Castle County Police ("NCCPD") responded to a burglary complaint at a home on Marrows Road near Newark, Delaware. NCCPD lifted latent fingerprints from an exterior window near the point of suspected entry. Those fingerprints were a match for Defendant Travis Bowers ("Defendant"). Defendant was alleged to have taken valuables amounting to $585 from the residents of the home.
On July 6, 2012, NCCPD attempted to locate Defendant at his last known address in New Castle, Delaware. Defendant was and continues to be obligated to verify his residence to the State every six months because he is a registered sex offender. When NCCPD attempted to locate him in New Castle, they learned that Defendant had not resided there for five years. A warrant for Defendant's arrest was issued on August 10, 2012. NCCPD ultimately located Defendant on June 18, 2013, and arrested him for two counts of Failure to Properly Report as a Registered Sex Offender and one count each of Burglary Second Degree and Misdemeanor Theft.
On October 1, 2013, Defendant pleaded guilty to one count of Failure to Properly Report as a Registered Sex Offender and one count of Burglary Second Degree. During the plea colloquy, Defendant stated that he had read, understood, and signed the Truth-in-Sentencing Act Guilty Plea Form (the "TIS Form"). He acknowledged on the TIS Form that he was waiving his trial rights, including the right to challenge the evidence against him, and admitted his guilt for the stated offenses. Defendant indicated that he was satisfied with the representation of his trial counsel, and had not been threatened or forced into entering his guilty plea. Finding that the plea had a basis in fact and was entered knowingly, voluntarily, and intelligently, this Court accepted Defendant's offer to plead guilty as to both offenses.
On December 20, 2013, Defendant was sentenced to two years of Level V incarceration, suspended after one year pursuant to the minimum mandatory sentence for the offense of Burglary Second Degree. Also consistent with the plea agreement, pursuant to 11 Del. C. § 4214(a), Defendant was declared a habitual ...