State of Delaware v. Coleman.

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IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR KENT COUNTY STATE OF DELAWARE v. DEVON L. COLEMAN, (I.D. No.’s 1303004663 & 1303012706) Defendant. ) ) ) ) ) ) ) ) ) RK13-03-0939-01 PFBPP PABPP RK13-03-0944-01, RK13-03-0979-01 Police Signal (F) RK13-03-0945-01 Conspiracy 2nd Degree RK13-03-0980-01 Reckless Endangering 2nd Degree Submitted: December 23, 2015 Decided: December 23, 2015 Upon Consideration of Defendant’s Motion For Postconviction Relief Pursuant to Superior Court Criminal Rule 61 DENIED Jason C. Cohee, Esq., Deputy Attorney General, Department of Justice, for the State of Delaware. Devin L. Coleman, Pro se. Young, J. State v. Coleman ID. No.’s 1303004663 & 1303012706 December 23, 2015 ORDER Upon consideration of the Defendant’s Motion for Postconviction Relief, the Commissioner’s Report and Recommendation and the record in this case, it appears that: 1. The defendant, Devin L. Coleman (“Coleman”), pled guilty on June 17, 2014 to one count of Felony Disregarding a Police Officer’s Signal, 21 Del. C. § 4103; one count of Reckless Endangering in the Second Degree, 11 Del. C. § 603;1 one count of Possession of Firearm or Ammunition by a Person Prohibited,2 11 Del. C. § 1448; one count of Conspiracy in the Second Degree, 11 Del. C. § 512; and one additional count of Felony Disregarding a Police Officer’s Signal.3 In exchange for Coleman’s plea, the State entered a nolle prosequis on Coleman’s remaining charges. The State recommended a total of fifteen years incarceration suspended after serving eight years for probation. The Court sentenced Coleman according to the recommended sentence. 2. Coleman filed, pro se, an appeal to the state Supreme Court on August 12, 2014 which was dismissed by the Court as untimely.4 Next, on September 2, 2014 Coleman filed in this Court a Motion for Correction of a Sentence Imposed in an 1 These two charges are in case ID No. 1303004663 and occurred in Smyrna, Delaware on March 6, 2013. 2 Coleman is a person prohibited as a result of prior felony convictions. 3 These three charges are from case ID No. 1303012706 and occurred in Dover, Delaware on March 15, 2013. 4 Coleman v. State, Del. Supr. No. 434, 2014, Ridgely, J. (Sept. 16, 2014). 2 State v. Coleman ID. No.’s 1303004663 & 1303012706 December 23, 2015 Illegal Manner under Superior Court Criminal Rule 35(A). He filed a second motion under 35(A) for Correction of an Illegal Sentence on September 11, 2014. He filed a third such motion on September 12, 2014. All motions were denied by the Court on December 18, 2014.5 Coleman initially appealed to the Supreme Court and subsequently withdrew his appeal.6 3. While these motions were pending, Coleman filed, pro se, an initial Motion for Postconviction Relief that “replaced” the motion filed on September 8, 2014, In his motion the Defendant raises the following grounds for relief: (1) involuntary plea agreement; (2) denial of right to self[-] representation; and (3) structural error. 4. The Court referred this motion to Superior Court Commissioner Andrea M. Freud pursuant to 10 Del. C. § 512(b) and Superior Court Criminal Rule 62 for proposed findings of facts and conclusions of law. 5. The Commissioner has filed a Report and Recommendation concluding that the Motion for Postconviction Relief should be denied, because it is procedurally barred by Rule 61(i)(3) for failure to demonstrate cause and prejudice and as completely meritless. 6. On December 2, 2015, Defendant filed a letter with this Court requesting to appeal the Commissioner’s Report and Recommendation. 7. On December 23, 2015, a letter was sent to Defendant notifying him an appeal should have been filed in Superior Court on or before October 20, 2015. 5 State v. Coleman, ID No. 1303012706, Young, J. (Dec. 18, 2014)(ORDER). 6 Coleman v. State, Del. Supr. No. 716, 2014 (Jan. 28, 2015). 3 State v. Coleman ID. No.’s 1303004663 & 1303012706 December 23, 2015 NOW, THEREFORE, after de novo review of the record in this action, and for reasons stated in the Commissioner’s Report and Recommendation dated September 30, 2015, IT IS ORDERED that the Commissioner’s Report and Recommendation is adopted by the Court, and the Defendant’s Motion for Postconviction Relief is DENIED. /s/ Robert B. Young J. RBY/lmc oc: Prothonotary cc: The Honorable Andrea M. Freud Jason C. Cohee, Esq. Devin L. Coleman, Pro Se File 4

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