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State v. Ferry

Superior Court of Delaware

July 23, 2019

STATE OF DELAWARE, Plaintiff,
v.
RICHARD S. FERRY, Defendant.

          Submitted: July 10, 2019

         COMMISSIONER'S REPORT AND RECOMMENDATION THAT DEFENDANT'S MOTION FOR POSTCONVICTION RELIEF SHOULD BE SUMMARILY DISMISSED.

          Matthew B. Frawley, Esquire, Deputy Attorney General, Department of Justice, Wilmington, Delaware, Attorney for the State.

          Richard Ferry, PA/ DOC, S.C.I. Pine Grove, St. Petersburg, Florida, pro se.

          LYNNE M. PARKER COMMISSIONER

         This 23rd day of July 2019, upon consideration of Defendant's Motion for Postconviction Relief, it appears to the Court that:

         BACKGROUND, FACTS AND PROCEDURAL HISTORY

         1. On August 29, 2016, Defendant Richard S. Ferry was indicted on Burglary Second Degree, Theft of a Firearm, Theft of Property valued at less than $1, 500, Criminal Mischief, Possession of a Firearm by a Person Prohibited, Possession of Ammunition by a Person Prohibited, two counts of Illegal Possession of a Controlled Substance, and Possession of Drug Paraphernalia.

         2. The charges stemmed from a burglary that occurred on July 27, 2016 at a residence in New Castle, Delaware. On the morning of July 27, 2016, Ferry entered the home of a 47-year-old victim, in New Castle, Delaware, by breaking through the basement window. Once inside the home, Ferry entered the basement where the victim's 26-year-old son resided and stole his black briefcase containing a Kel-Tec PLR-16 .223 caliber pistol and approximately 500 rounds of ammunition. The pistol had a fully loaded 100 round drum magazine, a mount scope, and foregrip.

         3. Shortly after the burglary, a picture of the victim's uncle, Defendant Ferry, was seen online of him posing with the stolen gun. The caption under the picture stated, "Who want it?"

         4. Ferry was arrested. Ferry's friend, Brandi Hitchens, told police that Ferry had broken into the residence, stole the gun, sold it, and purchased drugs with the money he obtained.

         5. On January 24, 2017, Ferry pled guilty to Burglary Third Degree (lesser-included offense of Burglary Second Degree), Theft of a Firearm and Possession of a Firearm by a Person Prohibited.[1]

         6. In exchange for the guilty plea, the State agreed to dismiss all the other charges in the indictment.[2] As part of the plea agreement, the State agreed to seek to have Ferry declared a habitual offender pursuant to 11 Del. C. § 4214(c) on only the charge of Possession of the Firearm By a Person Prohibited. The State further agreed to cap its sentence recommendation to the minimum-mandatory period of 15 years of unsuspended Level V time.[3]

         7. Prior to sentencing, a pre-sentence investigation was conducted. Also prior to sentencing, defense counsel submitted a mitigation report which detailed Ferry's substance abuse issues, mental health issues, juvenile delinquency, treatment attempts, and all other aspects of Ferry's background that the ...


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