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State v. Trower

Superior Court of Delaware, Kent

July 31, 2017

STATE OF DELAWARE
v.
JAMAR A. TROWER Defendant.

         RK13-07-0143-01 Failure to Reg as a Sex Offender

         Upon 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.

          Jamar Trower, Pro se.

          COMMISSIONER'S REPORT AND RECOMMENDATION

          Andrea M Freud Commissioner.

         The 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 habitual offender.

         Trower 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.

         FACTS

         Trower 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 CONTENTIONS

         In 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 the ...

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