Sex Solic. Child (F)
Defendant's Motion for Postconviction Relief Pursuant to
Superior Court Criminal Rule 61
Lindsay A. Taylor, Esquire, Deputy Attorney General,
Department of Justice, for the State of Delaware.
Hicks, Pro se
COMMISSIONER'S REPORT AND RECOMMENDATION
M. Freud, Commissioner
defendant, Oliver Hicks ("Hicks"), pled guilty on
September 3, 2014 to one count of Sexual Solicitation of a
Child, 11 Del. C. § 1112a. He also faced one
count of Offensive Touching which was nolle prossed
by the State in exchange for Hicks' plea. A presentence
office investigation was ordered and on October 31, 2014, the
Court sentenced Hicks to fifteen years' incarceration,
suspended after four years for varying levels of probation.
Next, Hicks filed a motion for modification of sentence which
was denied May 11, 2015. Hicks filed a second motion for
modification of sentence which was denied October 12, 2015.
That month Hicks filed the pending motion for postconviction
relief pursuant to Superior Court Criminal Rule 61 in which
he alleges Ineffective Assistance of counsel. Thereafter
Hicks filed two motions for clarification of sentence. On
April 22, 2016 Hicks filed a supporting memorandum for his
motion for postconviction relief. Hicks' transmittal note
for the memorandum included a request".. .for a lawyer
to help me with this case because I do not know about the law
so it would help me. You could apoint (sic) me a lawyer in
this matter." The request is not a properly filed motion
and does not meet the criteria for appointment of counsel
pursuant to Superior Court Criminal Rule 61(e).
charges stemmed from a "large fight" that Dover
Police responded to in Dover, Delaware. On June 6, 2014,
Hicks solicited a child, fourteen year-old Kyrisha Dunbar, to
engage in a prohibited sexual act by offering to let the
child drive his vehicle in exchange for sex. When the
juvenile refused sex with Hicks, he asked the juvenile,
"Do you give head?" The juvenile video recorded the
encounter on her cell phone, then went home and told her
family members about the incident. When the family members
confronted Hicks, he grabbed the child by her neck,
intentionally impeding breathing and circulation, which is
when the fight broke out. Hicks was arrested and held for
several hours due to his intoxicated state.
motion, Hicks raises the following grounds for relief:
Ground one: Extraordinary circumstances. I told my lawyer
that I was extremely drunk when the event happen (sic).
Intoxication should have been a defecnse (sic).
Ground two: Ineffective assistance of counsel.
Conflict of Interest -1 directed the lawyer in how I wanted
to handle my case: I was not informed by my lawyer what
defenses would be to the criminal charges.
Ground three: Reasonably effective assistance of counsel.
Strickland v. Washington,466 U.S. 668, 104 S.Ct.
2052, 2052, 2064, 80 L.Ed.2d 674 (2984) bearing to mind that,
"Because of the difficulties inherent in making the
evaluation, (falls within to range of ...