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Vickers v. State

Supreme Court of Delaware

June 11, 2015

DONTA E. VICKERS, Defendant Below-Appellant,
v.
STATE OF DELAWARE, Plaintiff Below-Appellee

Submitted June 10, 2015

Case Closed July 8, 2015.

Court Below: Superior Court of the State of Delaware, in and for Sussex County. Cr. ID # 1308012233A.

AFFIRMED.

Bernard J. O'Donnell, Esquire, Office of the Public Defender, Wilmington, Delaware, for Appellant.

Scott D. Goodwin, Esquire, Department of Justice, Wilmington, Delaware, for Appellee.

Before STRINE, Chief Justice, VAUGHN and SEITZ, Justices.

OPINION

SEITZ, Justice.

The appellant, Donta E. Vickers, filed this appeal from the Superior Court's sentence, declaring Vickers a habitual offender under the Delaware Criminal Code.[1] Vickers argues that the Superior Court erred as a matter of law in sentencing him to life in prison as a habitual offender because the first of his three predicate felony convictions occurred when he was a juvenile. We find no merit in the appeal and therefore affirm.

I. FACTS AND PROCEDURAL HISTORY

The victim of the crimes (the " robbery victim" ) rented a room in a house on Kimmey Street in Georgetown, Delaware.[2] Around 10:30 p.m. on August 15, 2013, the robbery victim received a telephone call from Lenetta Long, who the robbery victim knew to be a prostitute using the name " Black Nada." [3] He invited her over, and

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sometime after midnight, after locking the front door of the house and his room door, the two had sex in the bedroom, but were interrupted when Long answered a call on her cell phone.[4] The robbery victim spoke limited English and did not understand what was said during the call.[5] After the call Long got up, said she had to use the bathroom, and left the bedroom.[6] When she returned, the robbery victim locked the bedroom door and they resumed having sex.

A few minutes later, someone broke down the bedroom door and Vickers entered the bedroom and pointed a gun at the robbery victim, demanding money.[7] Vickers had covered his face and head with a black cloth, but Vickers' face could still be seen by the robbery victim in the bedroom light. As the robbery ...


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