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State v. Simpkins

Superior Court of Delaware, Kent

August 29, 2017

STATE OF DELAWARE
v.
TIMOTHY W. SIMPKINS Defendant.

         RK14-12-0031-01 USC 13 (F) RK15-03-0102-01 Breach of Condition (F)

          Marie O'Connor Graham, Esquire, Deputy Attorney General, Department of Justice, for the State of Delaware.

          Timothy W. Simpkins, Pro se.

          COMMISSIONER'S REPORT AND RECOMMENDATION

          FREUD, Commissioner.

         Upon Defendant's Motion for Postconviction Relief Pursuant to Superior Court Criminal Rule 61

         The defendant, Timothy W. Simpkins, ("Simpkins") pled guilty on April 29, 2015 to one count of Unlawful Sexual Contact First Degree, a lesser included offense, 11 Del. C. § 769(3); and one count of Noncompliance with Bond Conditions, a Felony, 11 Del. C. § 2109. He had also been charged with Sexual Abuse of a Child by a Person in Position of Trust First Degree, Sex offender having Sexual Conduct Against a Child, and an additional count of Non-Compliance with Conditions of Bond. In exchange for the plea nolle prosequis were entered by the State on the additional charges. The parties recommended a total of ten years incarceration suspended after serving three years for varying levels of probation. The Court agreed with the recommended sentence and sentenced Simpkins accordingly.

         Simpkins initially filed a post-plea Motion to Withdraw Guilty Plea, which was subsequently denied. Next he filed a pro se Motion for Post-conviction Relief, pursuant to Superior Court Criminal Rule 61, alleging in part ineffective assistance of counsel.

         FACTS

         According to the Affidavit of Probable Cause, the charges stemmed from an incident that occurred on September 23, 2014. The victim in this case was seven years old at the time of the offense. Simpkins is the boyfriend of the victim's grandmother. The three of them lived together at the time of the occurrence. On September 24, 2014, the victim made an allegation to a guidance counselor that Simpkins touches her vagina. The victim was interviewed by a forensic psychologist at the Children's Advocacy Center in Dover, Delaware. She stated during this interview that Simpkins consumes a lot of alcoholic beverages and when he does he becomes aggressive. The victim also stated that Simpkins has been putting his fingers into her vagina. She stated that most recent occurrence was September 23, 2014. She described that she would lay down in bed and that he would pull down her underwear and put his finger in her vagina. The victim provided a large amount of detail in regards to being digitally penetrated by Simpkins during the interview. She stated that once his finger was inside her, she could feel it moving around. She stated that she felt pain, as if she had been stabbed. It caused her to jump off the bed. These actions usually occur when her grandmother was in the shower. She stated that Simpkins listens for the water and when the water stops, he stops touching her.

         SIMPKINS' CONTENTIONS

         In his motion, Simpkins raises the following grounds for relief:

Ground one: Ineffective assistance of counsel.
I have maintained my innocence from the beginning but my attorney advised me to take the plea because the alleged victim was so likable that a jury would convict me even though there is no evidence to support a conviction. If not for this I would have not signed the plea. She failed to file a motion to dismiss the indictment even though I requested she do so ...

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