Submitted: May 30, 2019
M. Williams, Esquire Annemarie H. Puit, Deputy Attorney
ORDER GRANTING DEFENDANT'S REQUEST FOR A
CERTIFICATE OF ELIGIBILITY TO FILE UNDER 11 Del. C. §
4214(f) AND Del. Super. Ct. Spec. R. 2017-1(d)
ABIGAIL M. LEGROW, JUDGE
11th day of June, 2019, upon consideration of the Request for
Certificate of Eligibility filed on behalf of Adrian Wright
(the "Request"), the Attorney General's
response thereto,  and the record in this matter, it appears
to the Court that:
June 18, 1996, following a two-day trial, a jury convicted
Wright of one count of Attempted Robbery First Degree. On
July 8, 1996, Wright pleaded guilty to Attempted Felony Class
D in a separate case, I.D. No. 9501002767. The State filed a
motion to declare Wright a habitual offender for the
Attempted Robbery charge. On October 18, 1996, this Court
granted the State's motion and declared Wright a habitual
offender under 11 Del. C. § 4214(b). On that
same date, the Court sentenced Wright to the minimum required
for that charge: a term of natural life imprisonment. The
Court also sentenced Wright on the Attempted Class D Felony
charge to five years at Level V, suspended after four years
for one year of Level III probation.
2016, the General Assembly amended the State's habitual
offender law, 11 Del. C. § 4214, granting
certain categories of previously-sentenced habitual offenders
an opportunity to file a motion for sentence modification. On
May 2, 2019, Wright filed a Request for a Certificate of
Eligibility to file a petition seeking exercise of the
Court's jurisdiction to modify his sentence under 11
Del. C. § 4214(f). The Attorney General
responded, joined Wright's Request, and asked the Court
to grant Wright a certificate of eligibility.
Wright meets the type-of-sentence and time-served eligibility
requirements set forth in 11 Del. C. §
4214(f). The Attorney General has not demonstrated
"by specific averment" that "there is a good
faith basis to believe that ... a petition [by Wright] . . .
may not be heard because the felony establishing [Wright] as
a habitual offender is one for which review is [not
now]-permitted as provided for in 11 Del. C. §
4214(f) and [Del. Super. Ct. Spec. R. 2017-l](d)(l
l)." The Attorney General instead has moved the
Court to grant Wright a certificate of eligibility.
FOR THE FOREGOING REASONS, IT IS ORDERED
that Wright's Request for a Certificate of Eligibility is
GRANTED, and Wright may file a petition
seeking exercise of this Court's jurisdiction to modify
the sentence under 11 Del C. § 4214(f) and Del.
Super. Ct. Spec. R. 2017-1(d). If Wright intends to request that
the Court consider the petition without regard for the
preferred sequence set forth in Section 4214(f), such a
request SHALL be included in the petition.
If a request to consider the petition outside the preferred
sequence is made, the State SHALL respond to
that request in its response to the petition.
grant of a certificate of eligibility to seek relief is not a
ruling on whether Wright's sentence will be modified.
That judgment will be left to the discretion of the
IT IS FURTHER ORDERED that the Department of
Correction and the Department of Justice
SHALL, consistent with a memorandum of
understanding entered (or other protocols devised) for the
express purpose of facilitating the lawful and efficient
transfer of materials and information required for
consideration of a petition under 11 Del. C.§ 4214(f)
and Del. Super. Ct. Spec. R. 2017-1(d), provide to
Wright's attorney of record, or counsel's designee,
access to such materials and information without undue
 D.I. 34. Unless otherwise noted,
citations to the docket in this order are to Case No.