Barksdale v. State

lN THE SUPREME COURT OF THE STATE OF DELAWARE WILLIAM O. BARKSDALE, § § Defendant Below, § No. 583, 2015 Appellant, § § Court Below-Superior Court v. § of the State of Delaware, § STATE OF DELAWARE, § Cr. ]I) No. 1403019776 § Plaintiff Below, § Appellee. § Submitted: February 24, 2016 Decided: April 6, 2016 Before STRINE, Chief Justice; HOLLAND, and VALIHURA, Justices. 0 R D E R This 6“‘ day of April 2016, upon consideration of the appellant’s Supreme Court Rule 26(c) brief, the State’s response, and the record below, it appears to the Court that: (l) ln July 2014, the appellant, William O. Barksdale, was indicted on multiple drug and weapon offenses. On May 5, 2015 , Barksdale pled guilty to Drug Dealing (Tier 4) and Possession of a Firearm by a Person Prohibited ("PFBPP"). Barksdale also agreed that he was a habitual offender under ll Del. C. § 42l4(a). The State agreed to enter a nolle prosequi on the remaining charges, not to pursue criminal charges against Barksdale in two other matters, and to cap its recommendation for non-suspended Level V time to twenty years. (2) On May 15, 2015, Barksdale filed a pro se motion to withdraw his guilty plea, which was forwarded to his counsel ("Former Counsel"). On May 27, 2015, Barksdale filed a motion to participate in his defense with Former Counsel. On May 29, 2015, Forrner Counsel filed a motion to withdraw Barl