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State v. Jobes

Superior Court of Delaware, Kent

January 11, 2018

STATE OF DELAWARE
v.
EDWARD JOBES, Defendant.

          Submitted: January 2, 2018

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

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

          Edward A. Jobes, Pro se.

          ORDER

         On this 11th day of January, 2018 upon consideration of Edward Jobes ("Jobes") Motion for Postconviction Relief, the Commissioner's Report and Recommendation, the objection filed by Jobes, and the record in this case, it appears that:

         1. The defendant pled guilty at Final Case Review on February 24, 2016 to Rape Fourth Degree, under 16, 11 Del. C. § 770, as a lesser included offense of Rape in the Third Degree. The Court then ordered a presentence investigation report. On May 24, 2016, the Court sentenced Jobes to fifteen years incarceration suspended after 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, 2016.

         2. 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 which the Court denied.

         3. On October 26, 2017, the Commissioner filed her Report and Recommendation that Jobes' Rule 61 Motion, as well as his Motions to Amend his Motion for Post Conviction Relief be denied due to his failure to allege facts sufficient to substantiate any of his claims. The Court has reviewed his written objections, which set forth no new arguments.

         NOW, THEREFORE, after a de novo review of the record in this action, and for the reasons stated in the Commissioner's Report and Recommendation dated October 26, 2017;

         IT IS HEREBY ORDERED that the Commissioners Report and Recommendation attached as Exhibit "A", is adopted by the Court in its entirety. Accordingly, Jobes' Motion for Postconviction Relief pursuant to Superior Court Criminal Rule 61 is therefore DENIED.

         EXHIBIT A

         COMMISSIONER'S REPORT AND RECOMMENDATION

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

         FREUD, Commissioner

         October 26, 2017

&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;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. &sect; 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 ...


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