Submitted: April 15, 2015.
Case Closed May 28, 2015.
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. No. 0408022175.
Before STRINE, Chief Justice, HOLLAND, and VAUGHN, Justices.
James T. Vaughn, Jr., Justice.
On this 12th day of May 2015, it appears to the Court that:
(1) Defendant-Below/Appellant Paul Weber appeals fro a Superior Court order denying his Rule 35(b) motions for sentence correction. Weber raises three claims on appeal. First, Weber argues that this Court's ruling in his direct appeal constituted an acquittal and barred retrial of his Attempted First Degree Robbery charge under the Double Jeopardy Clause of the Fifth Amendment. Second, Weber contends that the trial court erred when it considered his Attempted Robbery conviction as a qualifying offense for purposes of habitual offender sentencing under 11 Del. C. § 4214(a). Third, Weber contends that the trial court erred when it held that he rejected the State's original plea offer and was therefore not entitled to specific performance of that offer. We find no merit to Weber's appeal. Accordingly, we affirm.
(2) On September 20, 2004, a grand jury indicted Weber on charges of Attempted First Degree Robbery and Attempted First Degree Carjacking. In March 2005, a jury convicted Weber of both charges. Weber was declared a habitual offender and sentenced to an aggregate 28 years at Level V. On appeal, we affirmed his conviction for Attempted First Degree Carjacking, but reversed his conviction for Attempted First Degree Robbery and remanded that charge for a new trial because the trial court erroneously denied Weber's request for a jury instruction on the lesser included offense of Offensive Touching.
(3) After the case was remanded for a new trial, plea discussions occurred between Weber and the State. The State offered Weber a plea agreement in which he would receive five years incarceration. Weber responded that he would only accept the plea offer if he was credited for the two years that he had already served. The State modified its offer with a recommendation of seven years incarceration, with credit for time served, designed so that Weber would still serve the additional five years. Weber did not accept the State's modified offer and the case proceeded to trial.
(4) Weber was retried for Attempted First Degree Robbery, and convicted by a jury on April 24, 2010. Weber filed a post-trial motion for judgment of acquittal, which the trial court denied. In December 2010, Weber was declared a habitual offender for sentencing purposes. In October 2010, Weber filed a motion seeking specific performance of the plea bargain that the State had previously offered. The trial court denied the motion, finding that Weber rejected the State's plea offer and instead chose to go to trial. Weber was sentenced to 25 years at Level V for Attempted First Degree Robbery. Weber appealed his conviction to this Court and we affirmed.
(5) Between November 2, 2012, and April 22, 2014, Weber filed several motions pursuant to Superior Court Criminal Rule 35. The trial court denied those motions. This appeal followed.
(6) We review a trial court's denial of a motion for correction of sentence under Rule 35(a) for abuse of discretion. To the extent the claim raised involves a ...