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Thomas v. State

Supreme Court of Delaware

May 8, 2015

JESSIE THOMAS, Defendant Below, Appellant,
v.
STATE OF DELAWARE, Plaintiff Below, Appellee

Submitted: February 11, 2015.

Case Closed May 27, 2015.

Editorial Note:

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. 1304013732.

Before HOLLAND, VALIHURA and VAUGHN, Justices.

ORDER

Karen L. Valihura, Justice.

This 8th day of May 2015, upon consideration of the appellant's brief filed pursuant to Supreme Court Rule 26(c), his attorney's motion to withdraw, and the State's response, it appears to the Court that:

(1) In May 2013, the appellant, Jessie Thomas, was indicted on two counts of Possession of a Firearm by a Person Prohibited (" PFBPP" ), two counts of Carrying a Concealed Deadly Weapon (" CCDW" ), and one count of Possession of Ammunition by a Person Prohibited (" PABPP" ). At Thomas' jury trial in February 2014, the parties stipulated that Thomas was a person prohibited from possessing a firearm and ammunition.

(2) The jury convicted Thomas of one count each of PFBPP and CCDW and the single count of PABPP and acquitted him on the remaining counts. On August 28, 2014, the Superior Court sentenced Thomas to a total of twenty-one years at Level V imprisonment, suspended after seven years for decreasing levels of supervision. This is Thomas' direct appeal.

(3) On appeal, Thomas' appellate counsel (" Counsel" ) has filed a brief and a motion to withdraw under Supreme Court Rule 26(c) (" Rule 26(c)" ).[1] Counsel asserts that, based upon a complete and careful examination of the record, there are no arguably appealable issues. Thomas, through Counsel, has submitted six claims for the Court's consideration. In its response, the State has moved to affirm the Superior Court's judgment.

(4) When reviewing a motion to withdraw and an accompanying brief under Rule 26(c), this Court must be satisfied that the appellant's counsel has made a conscientious examination of the record and the law for arguable claims.[2] Also, the Court must conduct its own review of the record and determine whether " the appeal is indeed so frivolous that it may be decided without an adversary presentation." [3]

(5) In this case, the probable cause affidavit in the Superior Court record reflects that, during the evening of April 15, 2013, Wilmington Police Officer Anthony Easterling received a confidential tip that a black male known as " Black Nose" had just pointed a firearm at another black male known as " Ike." The confidential informant told Officer Easterling that the location of the disturbance was Sixth and Jefferson Streets, and that Black Nose was dressed in a gray jacket and blue jeans and driving a white Volvo.

(6) Officer Easterling relayed the confidential tip to Detective Robert Fox. At approximately 8:50 p.m., Detective Fox radioed the tip to Officer Matthew Geiser and Corporal Justin Cannon (collectively " Geiser and Cannon" ), who were on patrol in the area. When driving the short distance to Sixth and Jefferson Streets, Geiser and Cannon were contacted ...


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