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State v. Bessicks

Superior Court of Delaware, Kent

July 2, 2019

STATE OF DELAWARE
v.
WILLIAM L. BESSICKS, Defendant.

          Submitted: June 18, 2019

          ORDER

          Jeffrey J Clark Judge

         On this 2nd day of July, 2019, upon consideration of William Bessicks ("Mr. Bessicks") Motion for Postconviction Relief, the Commissioner's Report and Recommendation, and the record in this case, it appears that:

         1. The defendant, William L. Bessicks ("Bessicks"), was found guilty by a jury on June 1, 2016 of one count of Possession of a Firearm by a Person Prohibited, 11 Del. C. § 1448 and one count of Possession of Ammunition by a Person Prohibited, 11 Del. C. § 1448. On July 26, 2016, the Court sentenced Mr. Bessicks to a total of eight years incarceration, suspended after serving five years, followed by probation.

         3. Mr. Bessicks filed a timely Notice of Appeal to the Delaware Supreme Court. His appellate counsel filed a brief and motion to withdraw pursuant to Supreme Court Rule 26(c). In the motion to withdraw, appellate counsel represented that he conducted a conscientious review of the record and concluded that no meritorious issues existed. By letter, counsel informed Mr. Bessicks of the provisions of Rule 26(c) and attached a copy of the motion to withdraw and accompanying brief. The Court informed Mr. Bessicks of his right to supplement his attorney's presentation. Mr. Bessicks, pro se, raised one issue for appeal for the Supreme Court to consider. Namely, he argued that the State presented insufficient evidence to support his firearm conviction. The Supreme Court granted the State's motion to affirm.

         4. Next, Mr. Bessicks filed apro se Motion for Postconviction Relief pursuant to Superior Court Criminal Rule 61. In his motion, he raises four grounds for relief alleging, in part, ineffective assistance of counsel.

         5. On December 4, 2018, the Commissioner filed her Report and Recommendation to deny Mr. Bessicks' Rule 61 Motion. He filed no exceptions to the Report and Recommendation.

         NOW, THEREFORE, after a de novo review of the record in this matter, and for the reasons stated in the Commissioner's Report and Recommendation dated December 4, 2018;

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

         Exhibit A

         COMMISSIONER'S REPORT AND RECOMMENDATION

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

         Lindsay A. Taylor, Esq., Deputy Attorney General, Department of Justice, for the State of Delaware.

         William L. Bessicks, Pro se

          FREUD, Commissioner

         December 4, 2018

         The defendant, William L. Bessicks ("Bessicks"), was found guilty as charged on June 1, 2016 by a jury of one count of Possession of a Firearm by a Person Prohibited, 11 Del. C. § 1448 and one count of Possession of Ammunition by a Person Prohibited, 11 Del. C. § 1448. An Investigative Services Office report was ordered. On July 26, 2016 Bessicks was sentenced to a total of eight years incarceration, suspended after serving five years minimum mandatory, due to Bessicks prior criminal history, followed by probation.

         A timely Notice of Appeal to the Delaware Supreme Court was filed. Bessicks's Appellate Counsel filed a brief and motion to withdraw pursuant to Supreme Court Rule 26(c). In the motion to withdraw, Appellate Counsel represented that he conducted a conscientious review of the record and concluded that no meritorious issues existed. By letter, counsel informed Bessicks of the provisions of Rule 26(c) and attached a copy of the motion to withdraw and accompanying brief. Bessicks was informed of his right to supplement his attorney's presentation. Bessicks, pro se, raised one issue for appeal for the Supreme Court to consider, which the Supreme Court summarized as follows:

(9) On appeal, Bessicks argues there was insufficient evidence to support his PFBPP conviction. Bessicks claims he could not possess a gun his girlfriend told him she gave away. Bessicks also emphasizes that his girlfriend testified the gun belonged to her and that Bessicks never touched the gun.[1]

         The Supreme Court granted the State's motion to affirm.[2] Next, Bessicks, pro se, filed a Motion for Postconviction Relief pursuant to Superior Court Criminal Rule 61. In his motion, Bessicks raises four grounds ...


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