Failure to Reg as a Sex Offender
Defendant's Motion for Postconviction Relief Pursuant to
Superior Court Criminal Rule 61
Stephen R. Welch, Jr., Esq., Deputy Attorney General,
Department of Justice, for the State of Delaware.
Trower, Pro se.
COMMISSIONER'S REPORT AND RECOMMENDATION
M Freud Commissioner.
defendant, Jamar A. Trower ("Trower") pled guilty
on February 24, 2014 to one count of Failure to Register as a
Sex Offender, 11 Del. C. § 4120. As part of the
plea a nolle prosequi was entered on the remaining
charge of Failure to Provide Verification as a Sex Offender.
The State moved to have Trower declared an Habitual Offender
pursuant to 11 Del. C. § 4214(a). A presentence
investigation report was ordered. On August 13, 2014, the
court granted the motion to declare Trower a habitual
offender, Trower agreed he was a habitual offender. The Court
then sentenced him three years at Level V incarceration,
followed by one year at Level III with credit for time
served. Had Trower gone to trial and been found convicted as
charged he faced the possibility of life in prison as a
did not appeal his conviction or sentence to the Delaware
Supreme Court. Instead he filed a motion for postconviction
relief. The Court signed an order requesting that the Office
of Conflicts Counsel appoint counsel for Trower. After
reviewing the file, Appointed Counsel determined that there
were no meritorious grounds for relief and filed a Motion to
Withdraw Pursuant to Superior Court Criminal Rule 61(e)(2)
with a supporting Memorandum. The memorandum detailed her
review of the case and Trower's arguments. The Court
granted Appointed Counsel's Motion to Withdraw. Trower
did not file any response to the motion to withdraw or
present any additional grounds for relief. Trower's
original counsel and the State responded to Trower's
pro se motion.
was convicted of Unlawful Sexual Contact Second Degree on
November 25, 2002 and was placed on the Sex Offender Registry
on May 14, 2003, Tier II sex offender. Trower is required to
respond to the State Bureau of Investigation
("SBI") every May and verify his information. He
was released from incarceration on March 11, 2013 and was
required to respond to SBI within three days of his release
to register his information. Trower failed to do so.
Consequently he was arrested for Failure to Register.
Trower's pro se Motion for Postconviction
Relief, he raises the following grounds for relief:
Ground one: Ineffective assistance of counsel.
Attorney lied to me. I was told that if the state wasn't
seeking the hubiloal (sic), and they where (sic) declaring me