Submitted April 28, 2015.
Case Closed July 8, 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. Cr. ID Nos. 1101020723 and 1106019686.
Before STRINE, Chief Justice; HOLLAND and VALIHURA, Justices.
Randy J. Holland, Justice.
This 4th day of June 2015, upon consideration of the appellant's Supreme Court Rule 26(c) brief, the State's response, and the record below, it appears to the Court that:
(1) On September 22, 2011, the appellant, Anthony Stanley, pled guilty to Reckless Endangering in the First Degree, Possession of a Firearm During the Commission of a Felony (" PFDCF" ), and Possession of a Firearm by a Person Prohibited (" PFBPP" ). These charges arose from a January 2011 shooting at a bowling alley (" Bowling Alley Shooting" ) in which five innocent bystanders were shot. As part of the plea agreement, Stanley agreed to testify truthfully at the trial of the other shooters and the State agreed to enter a nolle prosequi on the other charges in the indictment. Stanley had previously told the police that he was one of the shooters and that LeShawn Washington had shot him in the bowling alley.
(2) At Washington's trial, Stanley testified that Washington did not shoot him. The State then played a recording of Stanley's previous inconsistent statement to the police. The State also played recordings of prison calls made by Stanley in which he expressed a desire to undermine the State's case and deal with Washington himself.
(3) On January 31, 2012, Stanley pled guilty to Assault in the First Degree, PFDCF, and Conspiracy in the Second Degree. These charges arose from Stanley shooting a man while he was on bail in the Bowling Alley Shooting (" Claymont Street Shooting" ). As part of the plea agreement, the State entered a nolle prosequi on the other charges in the indictment.
(4) Presentence investigations (" PSI" ) were ordered in both the Bowling Alley Shooting case and the Claymont Street Shooting case. On June 8, 2012, Stanley was sentenced in both cases to a total of fifty-six years of Level V incarceration, suspended after forty-nine years for decreasing levels of supervision. The Superior Court subsequently issued a corrected sentencing order, which reduced Stanley's sentence to forty-nine years of Level V incarceration, suspended after forty-seven years for decreasing levels of supervision.
(5) Stanley appealed the Superior Court's judgment and his counsel filed a brief under Supreme Court Rule 26(c). In his points on appeal, Stanley contended that the Superior Court erred by not articulating the aggravating factors for exceeding the sentencing guidelines and that the State misrepresented his criminal record to the Superior Court. This Court affirmed the judgment of the Superior Court on February 12, 2013.
(6) In March 2013, Stanley filed a motion for postconviction relief under Superior Court Criminal Rule 61 (" Rule 61" ) in the Claymont Street Shooting case. Stanley claimed his counsel was ineffective because he failed to provide any discovery, failed to inform Stanley that he had a right to a speedy trial, and told Stanley that he did not believe he could win the case and Stanley should accept the guilty plea. In June 2013, Stanley filed motions for postconviction relief in the Bowling Alley Shooting case and the Claymont Street Shooting case. In both motions, Stanley contended that the Superior Court failed to consider the appropriate sentencing factors, the Superior Court failed to explain the basis for deviating from the sentencing ...