Daniels v. State
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IN THE SUPREME COURT OF THE STATE OF DELAWARE KEAIR E. DANIELS, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 543, 2004 Court Below Superior Court of the State of Delaware, in and for New Castle County Cr. ID 0403008204 Submitted: April 5, 2005 Decided: April 22, 2005 Before BERGER, JACOBS, and RIDGELY, Justices. ORDER This 22nd day of April 2005, upon consideration of the appellant's Supreme Court Rule 26(c) brief, his attorney's motion to withdraw, and the State's response thereto, it appears to the Court that: (1) A Superior Court jury convicted the defendant-appellant, Keair Daniels, of possession with intent to deliver marijuana and other related charges. The Superior Court sentenced Daniels to a total period of seven years at Level V incarceration, to be suspended immediately for eighteen months at Level III probation. This is Daniels direct appeal. (2) Daniels counsel on appeal has filed a brief and a motion to withdraw pursuant to Rule 26(c). Daniels counsel asserts that, based upon a complete and careful examination of the record, there are no arguably appealable issues. By letter, Daniels attorney informed him of the provisions of Rule 26(c) and provided Daniels with a copy of the motion to withdraw and the accompanying brief. Daniels also was informed of his right to supplement his attorney's presentation. Daniels has not raised any issues for this Court's consideration. The State has responded to the position taken by Daniels counsel and has moved to affirm the Superior Court's judgment. (3) The standard and scope of review applicable to the consideration of a motion to withdraw and an accompanying brief under Rule 26(c) is twofold: (a) this Court must be satisfied that defense counsel has made a conscientious examination of the record and the law for arguable claims; and (b) this Court must conduct its own review of the record and determine whether the appeal is so totally devoid of at least arguably appealable issues that it can be decided without an adversary presentation.* (4) This Court has reviewed the record carefully and has concluded that Daniels appeal is wholly without merit and devoid of any arguably appealable issue. We also are satisfied that Daniels counsel has made a * Penson v. Ohio, 488 U.S. 75, 83 (1988); McCoy v. Court of Appeals of Wisconsin, 486 U.S. 429, 442 (1988); Anders v. California, 386 U.S. 738, 744 (1967). -2- conscientious effort to examine the record and the law and has properly determined that Daniels could not raise a meritorious claim in this appeal. NOW, THEREFORE, IT IS ORDERED that the State's motion to affirm is GRANTED. The judgment of the Superior Court is AFFIRMED. The motion to withdraw is moot. BY THE COURT: /s/ Jack B. Jacobs Justice -3-
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