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State v. Jobes

Superior Court of Delaware, Kent

October 26, 2017

STATE OF DELAWARE
v.
EDWARD A. JOBES, Defendant.

         RK15-10-0280-01 Rape 4th < 16(F)

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

          Kathleen A. Dickerson, Deputy Attorney General, Department of Justice, for the State of Delaware.

          Edward A. Jobes, Pro se.

          COMMISSIONER'S REPORT AND RECOMMENDATION

          ANDREA M. FREUD, COMMISSIONER.

         The defendant, Edward A. Jobes ("Jobes"), pled guilty at Final Case Review on February 24, 2016 to one count of one count of Rape Fourth Degree, under 16, 11 Del. C. § 770, as a lesser included offense of Rape in the Third Degree. The parties agreed on an open sentencing and a presentence investigation report was ordered. On May 24, 2016 Jobes was sentenced to a total of fifteen years incarceration suspended after serving four years for varying levels of probation. On July 15, 2016, Jobes filed a Motion for Modification of Sentence. That motion was denied on July 15, 2106. Jobes did not appeal his conviction or sentence to the Delaware Supreme Court. Instead he filed, pro se, the instant motion for postconviction relief pursuant to Superior Court Criminal Rule 61 on July 18, 2016. Subsequently Jobes filed several amendments to his motion along with a variety of other motions all of which the Court denied.

         FACTS

         Jobes was arrested on October 8, 2015 and charged with one count of Rape in the Third Degree. The investigation arose after a witness revealed to her counselor that Jobes, who was 34 years old, had engaged in sexual intercourse with the 14 year old victim. The victim was interviewed at the Children's Advocacy Center but she was unable to discuss what had transpired with Jobes. Due to the passage of time between the date of the offense and the disclosure, a SANE [Sexual Assault Nurse Examiner] kit could not be collected from the victim. A search warrant was executed on Jobes' house and a computer tower, two cell phones, and photographs were seized. Subsequently, Jobes was taken to Delaware State Police Troop 3 for questioning. Prior to the interrogation Detective Shawn Doherty read Jobes his Miranda rights, which he waived. During his statement, Jobes admitted that the victim was his second cousin and that he communicated with her over the "KIK" which is a cell phone app. The Affidavit of Probable cause states Jobes told the police that he and the victim communicated through computer and cell phone apps. After initially denying inappropriate contact, Jobes claimed that the victim came onto him, he became sexually aroused and consequently he engaged in sexual intercourse with her. He described the act in great detail, including physical positioning and the sequence of events. Jobes stated that the sex act occurred on the couch in his shed.

         JOBES'S CONTENTIONS

         In Jobes's Motion for Postconviction Relief he raises the following grounds for relief:

Ground one: Jobes alleges Constitutional violations.
Ground two: Jobes alleges he should have been offered a different plea.
Ground three: Jobes alleges his counsel was ineffective for a variety of reasons.
Ground four: Jobes alleges his rights were violated because his cell ...

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