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State v. Reid

Superior Court of Delaware

December 6, 2017

STATE OF DELAWARE, Plaintiff,
v.
GREGORY W. REID, Defendant.

          Date submitted: August 24, 2017

          Ross A. Flockerzie, Esquire, Office of Defense Services. Trial Counsel.

          Gregory Reid, pro se, Defendant.

          COMMISSIONER'S REPORT AND RECOMMENDATION ON DEFENDANT'S MOTION FOR POSTCONVICTION RELIEF AND MOTION FOR TRANSCRIPTS

          BRADLEY V. MANNING, COMMISSIONER.

          This 6th day of December 2017, upon consideration of defendant Gregory W. Reid's Motion for Postconviction Relief ("Motion"), and Motion for Transcripts, I find and recommend the following:

         Procedural History

         Mr. Reid pled guilty to Driving Under the Influence (6th Offense) on April 19, 2016. On June 24, 2016, the Court sentenced Mr. Reid to 8 years at Level V suspended after 2 years (the minimum/mandatory) for 2 years at Level IV (CREST), followed by decreasing levels of probation. Mr. Reid did not appeal his conviction or sentence to the Delaware Supreme Court. Mr. Reid did, however, file a motion for Sentence Reduction/Modification on September 26, 2016. That motion was denied by the Honorable Eric M. Davis on December 19, 2016.[1]

         On June 29, 2017, Mr. Reid filed the instant Motion pursuant to Super. Ct. Crim. Rule 61. The Motion was referred to the undersigned commissioner on July 7, 2017. Trial Counsel filed an Affidavit responding to particular claims made by Mr. Reid on August 24, 2017.[2] Upon my review of the Motion and Trial Counsel's Affidavit, I did not require the State to file a response. Additionally, I did not deem it necessary to hold an evidentiary hearing based on the nature of Mr. Reid's allegations.

         Mr. Reid's claims for postconviction relief, summarized as fairly as possible, are as follows:

Ground One: Illegal detention, arrest, search and seizure as per 21 Del. C. § 4177 (insufficient evidence).
Ground Two: Civil rights violation, gross mismanagement of James. T. Vaughn Corr. Center.
Ground Three: Constitutional Violation of fact, contest use of foreign jurisdiction offense over 10 years old.
Ground Four: Violation/denial of right to effective assistance of counsel.

         Facts

         According to the Affidavit of Probable Cause, on November 19, 2015, police officers responded to a Sunoco gas station located at 414 N. 6th St., Odessa, Delaware, in reference to checking on the welfare of a white male operating a white pickup truck. The reporting person indicated to police that the operator appeared to be intoxicated. Upon arrival, police stopped the white pickup truck and questioned Mr. Reid, who was the driver an only occupant. While speaking with him, the officers detected a strong odor of an alcoholic beverage emitting from Mr. Reid's breath. To make sure he was okay to drive, the officers administered the standard NHSTA field sobriety tests to Mr. Reid, which he failed. A PBT was then administered to Mr. Reid which resulted in a reading of. 184%. Additionally, Mr. Reid admitted that he had been drinking earlier that night. Based on this information, Mr. Reid was placed under arrest and transported to Troop 9 for an intoxilyzer test. After the required 20-minute observation period, the intoxilyzer test indicated a reading of .201% BAC (blood alcohol content) for Mr. Reid. The legal limit in Delaware is .08%) BAC. Finally, the arresting officers confirmed that Mr. Reid had five prior DUI convictions in Pennsylvania dating from 1991 to 2012.

         Legal ...


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