Submitted: January 13, 2017
Below-Superior Court of the State of Delaware Cr. ID Nos.
HOLLAND, VALIHURA, and VAUGHN, Justices.
L. Valihura Justice
10th day of March 2017, upon consideration of the
parties' briefs and the record below, it appears to the
appellant, Joseph Walls, filed this appeal from the Superior
Court's denial of his motion for time served and for
credits, motion for medical parole release, and motion for
reargument. After careful consideration, we affirm the
Superior Court's denial of the motions.
record reflects that Walls was convicted, in 1986, of
multiple charges arising from a home invasion ("Criminal
ID No. 86013001DI") and, in 1987, of multiple charges
arising from a different home invasion ("Criminal ID No.
86001399DI"). This Court affirmed most of Walls'
convictions on direct appeal. Walls is serving a life sentence,
with the possibility of parole, plus eighty-nine years in
Criminal ID No. 86013001DI and Criminal ID No. 86001399DI.
April 10, 2015, Walls filed a motion for time served and for
credits. Walls argued that the effective date of his sentence
in Criminal ID No. 86013001DI should be corrected from May
25, 1987 to January 24, 1986 because he was first
incarcerated on January 24, 1986. Walls subsequently
requested medical parole release under 11 Del. C.
§ 4346 or 11 Del. C. § 4217 for treatment
of his post-traumatic stress disorder ("PTSD") at a
Veterans Administration Hospital. At the Superior Court's
request, the State responded to Walls' motions. In
addition to filing multiple replies to the State's
response, Walls filed a "memorandum of law supplement to
illegal sentence motion" in December 2015 and another
supplement in February 2016. Walls added claims that: (i) his
sentence for Possession of a Deadly Weapon During Commission
of a Felony ("PDWCF") in Criminal ID No. 86013001DI
was illegal because at the time of his crimes Davis v.
State prohibited sentences for Robbery in the
First Degree and PDWDCF where the underlying felony was
Robbery in the First Degree; (ii) he could not be convicted
of PDWDCF in Criminal ID No. 86013001DI based on his
possession of a baseball bat; and (iii) the State failed to
prove all of the elements required for Kidnapping in the
First Degree and Kidnapping in the Second Degree in Criminal
ID No. 86001399DI.
a letter dated May 17, 2016, the Superior Court denied
Walls' motions. The Superior Court stated that the
Department of Correction confirmed Walls did not have any
additional credit for time served on Criminal ID No.
86001399DI or Criminal ID No. 86013001DI and the effective
date for those sentences was May 25, 1987. As to Walls'
request for medical parole, the Superior Court held that it
did not have jurisdiction or authority to grant parole. Walls
filed a motion for reargument, which the Superior Court
denied on June 20, 2016.
This Court reviews the Superior Court's denial of a
motion for correction of sentence for abuse of discretion,
although questions of law are reviewed de
novo. As he did below, Walls argues that the
effective date of his Criminal ID No. 86013001DI sentence,
which was originally effective June 25, 1987 and was later
made effective on May 25, 1987 to credit Walls for time he
served between May 11, 1987 and June 1, 1987, should be
January 24, 1986 because that was when he was originally
incarcerated. Walls acknowledges, however, that he was
incarcerated on January 24, 1986 for Court of Common Pleas
sentences totaling sixty days. Walls also acknowledges that
he was sentenced to eighteen months incarceration beginning
on June 27, 1986 in Superior Court Criminal ID No.
85004084DI. We take judicial notice that the Superior Court
modified the start date of this sentence to April 16, 1986.
We also take judicial notice that, on February 13, 1986, the
Superior Court sentenced Walls to non-suspended time of sixty
days in Criminal ID No. 85003288DI.
light of the twenty-two months of Level V time he was
sentenced to between January 24, 1986 and June 27, 1986,
Walls has not shown that he is entitled to any additional
credit against his Criminal ID No. 86013001DI sentence for
the time he served between January 24, 1986 and May 25, 1987.
The Superior Court did not err therefore in denying
Walls' motion for credit for time served.
Walls next argues that his sentence for PDWDCF is illegal
because, at the time he committed the crimes, Davis v.
State prohibited sentences for both Robbery in the First
Degree and PDWDCF where the underlying felony was Robbery in
the First Degree. Walls, however, was charged with PDWDCF
based on Assault in the Second Degree, not Robbery in the
First Degree. To the extent Walls claims a portion of
the PDWDCF jury instructions improperly amended the
indictment to make Robbery in the First Degree the underlying
felony, he is attacking his PDWDCF conviction. This claim
falls outside the narrow scope of Rule 35(a). Rule 61 is the
exclusive remedy for a person seeking to set aside their
Walls next argues he could not be convicted of PDWDCF in
Criminal ID No. 860013001DI because a baseball bat is not a
deadly weapon and the State failed to prove all of the
elements required for Kidnapping in the First Degree and
Kidnapping in the Second Degree in Criminal ID No. Criminal
ID No. 86001399DI. Although Walls frames these arguments as
illegal sentence claims, he is actually challenging his
PDWDCF and kidnapping convictions. These claims fall outside
the narrow scope of Rule 35(a). Rule 61 is the exclusive remedy
for a person seeking to set aside their
Finally, Walls claims the Superior Court should have
exercised its jurisdiction under the Veterans Treatment Court
Program to modify his sentence under 11 Del. C.
§ 4217, recommend the Board of Parole grant him medical
parole release under Del. C. § 4346, or modify
his sentence under its own authority. This claim is without