Submitted: March 26, 2019
Consideration of Defendant's Motion for Post-Conviction
Relief, and the Commissioner's Report and Recommendation
Defendant's Motion for Post-Conviction Relief is
Denied And the Motion to Withdraw as Counsel
Phillip M. Casale, Esquire, Department of Justice. 820 North
French Street, 5th Floor, Wilmington, Delaware, 19801. Deputy
Wright-Clayton, Pro Se Defendant.
Honorable Calvin L. Scott, Jr., Judge.
3rd day of June, 2019, upon consideration of the
Defendant's Motion for Post-Conviction Relief, the
Commissioner's Report and Recommendation, and the record
in this case, it appears that:
1. On March 22, 2016, a jury found Defendant Lamar
Wright-Clayton guilty of Possession of a Firearm by a Person
Prohibited, Possession of Ammunition by a Person Prohibited,
Carrying a Concealed Deadly Weapon, and Driving while
Suspended/Revoked. The Court granted the State's Motion
to Declare Defendant a Habitual Offender on May 27, 2016, and
Wright-Clayton was sentenced on June 3, 2016.
2. On January 20, 2017, the Delaware Supreme Court determined
Wright-Clayton's direct appeal was without merit,
upholding the denial of his suppression motion, and affirming
the judgment of the Superior Court.
3. Thereafter, Wright-Clayton filed a Motion for
Post-Conviction Relief pursuant to Superior Court Criminal
Rule 61. The Court referred the Motion to Superior
Court Commissioner Lynne M. Parker for proposed findings of
facts and conclusions of law pursuant to 10 Del. C.
§ 512(b) and Superior Court Criminal Rule
4. On October 23, 2018, the Commissioner filed a Report and
Recommendation that Defendant's Motion for
Post-Conviction Relief should be DENIED and
the Motion to Withdraw as Counsel should be
GRANTED. Wright-Clayton filed an appeal from the
Commissioner's findings and was given until November 23,
2018 to file his objections.
5. On October 30, 2018, Wright-Clayton filed an "Appeal
from Commissioner's Findings of Fact and
Recommendations," which failed to specify which portions
of the report or specified proposed findings or
recommendations to which an objection was made. The Court adopted
the Commissioner's Report and Recommendation
("Commissioner's Report") on February 6,
6. Wright-Clayton filed a Motion for Reconsideration on
February 19, 2019,  and a Motion to Amend on February 28,
2019. On March 7, 2019, the Court granted
Wright-Clayton until April 2, 2019 to file any objections to
the Commissioner's Report, or to alert the Court that he
would be relying on his October 30, 2018
filing. Wright-Clayton filed an Amended Appeal
from Commissioner's Findings of Fact and Recommendations
on March 26, 2019 ("Amended Appeal").
7. In the Amended Appeal, Wright-Clayton contends that the
Court erred in sentencing him as a habitual offender pursuant
to 11 Dei C. § 4214 ("Section 4214").
Wright-Clayton argues that his sentence should be corrected
because some of the prior convictions used to enhance his
sentence are no longer considered violent felonies under 11
Dei C. § 4201.
8. Wright-Clayton's challenge to his habitual offender
status is without merit. Section 4214(a) in part provides
that "any person who has been 3 times convicted of any
felony under the laws of this State . . . and who shall
thereafter be convicted of a subsequent felony is declared to
be a habitual offender." Wright-Clayton received an
enhanced sentence under Section 4214(a) for Possession of a
Firearm by a Person Prohibited and Carrying a Concealed
Deadly Weapon. And, the certified court records
submitted by the State reveal that Wright-Clayton has six (6)
prior felony convictions. These previous convictions
"placed him squarely within the statutory ...