KEVANN D. McCASLINE, Defendant Below, Appellant,
STATE OF DELAWARE, Plaintiff Below, Appellee.
Submitted: May 10, 2017
Below-Superior Court of the State of Delaware Cr. ID No.
STRINE, Chief Justice; VALIHURA and SEITZ, Justices.
STRINE, JR. CHIEF JUSTICE.
20th day of July 2017, having considered the no-merit brief
and motion to withdraw filed by the appellant's counsel,
and the response filed by the State, it appears to the Court
March 11, 2016, a Superior Court jury found the appellant,
Kevann D. McCasline, guilty of Disregarding a Police
Officer's Signal, Resisting Arrest, Possession of Drug
Paraphernalia, and Unlawful Use of Sound
Device. During the prayer conference with counsel
on March 10, the Superior Court dismissed a charge of
October 14, 2016, after a presentence investigation, the
Superior Court sentenced McCasline to two years at Level V
suspended after six months for one year of probation for
Disregarding a Police Officer's Signal, and to one year
at Level V suspended for one year of probation for Resisting
Arrest. For Possession of Drug Paraphernalia and Unlawful Use
of Sound Device, the Superior Court imposed fines of $100 for
appeal, McCasline's appellate counsel has filed a brief
and a motion to withdraw under Supreme Court Rule 26(c).
Counsel asserts that, based upon a complete and careful
examination of the record, there are no arguably appealable
issues. Counsel represents that he provided McCasline with a
copy of the motion to withdraw and the accompanying brief and
informed McCasline of his right to identify any points he
wished this Court to consider on appeal. McCasline has not
submitted any points for the Court's consideration.
response to the Rule 26(c) brief, the State has identified an
instance of plain error in the record that should be
corrected. Otherwise, the State has moved to affirm the
Superior Court's judgment.
noted by the State, the record reflects that, at
McCasline's sentencing (and in the sentence order), in
addition to the $100 fines that were imposed for Possession
of Drug Paraphernalia and Unlawful Use of Sound Device, the
Superior Court imposed a $100 fine for Reckless
Driving. Because Reckless Driving was dismissed at
the March 10 prayer conference, the State notes that the
Superior Court erred when imposing a sentence for that
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. 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." The Court has done so and, except for the
imposition of a sentence for the dismissed Reckless Driving
charge, McCasline's appeal is wholly without merit and
devoid of any arguably appealable issue.
Court agrees with the State that the Superior Court erred
when sentencing McCasline on the charge of Reckless
Driving. Furthermore, in addition to the sentencing
error, the Superior Court docket and related documents
reflect, in error, that McCasline was convicted of
THEREFORE, IT IS ORDERED that the State's motion to
affirm is GRANTED as to McCasline's convictions and
sentence for Disregarding a Police Officer's Signal,
Resisting Arrest, Possession of Drug Paraphernalia, and
Unlawful Use of Sound Device. The motion to withdraw is moot.
This matter is REMANDED to the Superior Court with
instructions to VACATE the conviction and sentence imposed
for Reckless ...