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State v. Winckler

Superior Court of Delaware

March 20, 2019

STATE OF DELAWARE,
v.
DAYMON WINCKLER, Defendant.

          Submitted: March 14, 2019

          Hon. Mary M. Johnston Annemarie H. Puit, Chief Prosecutor, NCCo. Gregory E. Smith, Deputy Attorney General Michael C. Hey den, Esquire

          ORDER

         Upon Defendant Daymon Winckler 's Request for a Certificate of Eligibility to File Under 11 Del. C. § 4214(f) and Del. Super. Ct. Spec. R. 2017-l(d), DENIED.

         This 20th day of March, 2019, upon consideration of the Defendant Daymon Winckler's Request for a Certificate of Eligibility (D.I. 48), the Attorney General's response thereto (D.I. 49), and the record in this matter, it appears to the Court that:

         A. Winckler's Indictment, Plea, and Sentence.

         (1) On February 18, 2013, a New Castle County grand jury indicted Winckler for one count of Murder in the Second Degree, three counts of Reckless Endanger in the First Degree, four counts of Possession of a Firearm During the Commission of a Felony (PFDCF), one count of Possession of a Firearm by a Person Prohibited.[1]

         (2) At the time he committed these crimes, Winckler had at least three prior felony convictions and was, therefore, a habitual criminal offender.[2]

         (3) On May 22, 2014, Winckler pleaded guilty to one count of Reckless Endangering in the First Degree and one PFDCF count.[3] He did so in exchange for dismissal of the remaining charges and the State's favorable sentencing recommendation (a cap of 1 5 years imprisonment).[4]

         (4) Winckler's sentencing occurred a few months later, on October 10, 2014, after a pre-sentence investigative report was prepared and the State had filed a habitual criminal petition on the reckless endangering count.[5] For that first-degree reckless endangering conviction, Winckler was sentenced to ten years of imprisonment be served under the provisions of the then-extant Habitual Criminal Act.[6] For the PFDCF offense, Winckler was sentenced to a consecutive five-year term of incarceration.[7] Winckler's sentencing order notes that his habitual criminal sentence has an effective date of February 20, 2013.[8]

         B. Winckler's Post-Sentence Efforts to Reduce His Sentence.

         (5) Winckler filed no direct appeal from his convictions or sentence. But he has filed several requests-some successful, some not-to reduce, modify, or clarify his sentence.[9]

         (6) Winckler has now requested a certificate of eligibility to file a petition seeking exercise of the Court's jurisdiction to modify his sentence under l l Del. C. § 4214(f).[10] The Attorney General has responded.[11] And the Court has carefully considered the parties' positions on whether Winckler can be granted a certificate of eligibility. He cannot.

         C. Winckler Does Not Meet § 4214(f)'s Tvpe-of-Sentence Requirement.

         (7) The first eligibility requirement an inmate must meet to gain sentence relief under 11 Del. C. § 4214(f) is the type-of-sentence requirement.[12] Winckler does not meet this requirement because the ten-year incarcerative term for his felony reckless endangering ...


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