Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Lewis

Superior Court of Delaware

November 4, 2019

STATE OF DELAWARE, Plaintiff,
v.
DION LEWIS, Defendant.

          Submitted: August 7, 2019

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

          Allison Abessinio, Deputy Attorney General, Department of Justice, Wilmington, Delaware.

          Dion R. Lewis, Wilmington, Delaware, pro se

          KATHARINE L. MAYER, COMMISSIONER

         This 4th day of November, 2019, upon consideration of Defendant's Motion for Postconviction Relief, it appears to the Court that:

         REPORT AND RECOMMENDATION

         1. On October 15, 2018, Defendant plead guilty to Carrying a Concealed Deadly Weapon, Terroristic Threatening and a violation of probation. In exchange, the State agreed to enter a nolle prosequi on all remaining charges, and to recommend Level V time, suspended immediately for probation. The Court engaged in a detailed plea colloquy with Defendant before accepting the plea.[1] Defendant acknowledged that by pleading guilty he was waiving the right to a speedy trial, that no one had forced or threatened him into entering into his guilty plea, and that he was satisfied with his attorney's representation. Eventually the Court entered the sentence as recommended by the State and Defendant's trial counsel.

         2. Defendant filed a Motion for Postconviction Relief, whereby he argued: (1) ineffective assistance of counsel for failing to present a video of defendant's actions; (2) coerced confession of guilty plea; and (3) counsel should have moved to suppress the search and seizure because he had a valid window tint waiver.

         3. According to the Sentencing Order, effective September 26, 2018, Defendant was sentenced to 8 years at Level V suspended after 19 days, for 1 year at supervision Level II; and 1 year at Level V, suspended for 1 year at Level II; with probation to run concurrently.

         4. Defendant's probation officer filed a report with the Court on October 17, 2019 providing notice that Defendant's probationary period reached its maximum date and in light of Defendant's compliance, probation recommended discharge. On October 29, 2019, the Court discharged Defendant from his probation.

         5. Pursuant to Superior Court Criminal Rule 61(a), postconviction relief is available to:

a person in custody under a sentence of this court seeking to set aside a judgment of conviction.. .on the ground that the court lacked jurisdiction or on any other ground that is a sufficient factual and legal basis for a collateral attack upon a criminal conviction or a capital sentence.

         "[A] defendant who has been discharged from probation and is not subject to any future custody on a conviction has no standing ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.