Submitted: March 14, 2019
Mary M. Johnston Annemarie H. Puit, Chief Prosecutor, NCCo.
Gregory E. Smith, Deputy Attorney General Michael C. Hey den,
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.
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:
Winckler's Indictment, Plea, and Sentence.
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
the time he committed these crimes, Winckler had at least
three prior felony convictions and was, therefore, a habitual
May 22, 2014, Winckler pleaded guilty to one count of
Reckless Endangering in the First Degree and one PFDCF
count. He did so in exchange for dismissal of the
remaining charges and the State's favorable sentencing
recommendation (a cap of 1 5 years
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. 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
For the PFDCF offense, Winckler was sentenced to a
consecutive five-year term of incarceration. Winckler's
sentencing order notes that his habitual criminal sentence
has an effective date of February 20, 2013.
Winckler's Post-Sentence Efforts to Reduce His
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
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). The Attorney General has
responded. And the Court has carefully considered
the parties' positions on whether Winckler can be granted
a certificate of eligibility. He cannot.
Winckler Does Not Meet § 4214(f)'s
first eligibility requirement an inmate must meet to gain
sentence relief under 11 Del. C. § 4214(f) is
the type-of-sentence requirement. Winckler does not meet
this requirement because the ten-year incarcerative term for
his felony reckless endangering ...