IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
STATE OF DELAWARE, )
)
v. ) ID No. 1402014360
)
DENNIS WILLIAMS, )
)
Defendant. )
Date Submitted: April 11, 2016
Date Decided: April 20, 2016
Upon Dennis Williams’ Motion for Appointment of
Postconviction Relief Counsel
GRANTED
Upon consideration of the motion for appointment of postconviction relief
counsel filed by Defendant Dennis Williams; Rule 61 of the Superior Court Rules
of Criminal Procedure (“Rule 61”); the facts, arguments and legal authorities set
forth in Defendant’s motion; statutory and decisional law; and the entire record in
this case, the Court finds as follows:
1. On October 23, 2014, following a three day jury trial, a jury found
Defendant guilty of possession of a firearm by a person prohibited (“PFBPP”) and
possession of ammunition by a person prohibited (“PABPP”). Defendant was
represented by counsel at trial.
2. Defendant was sentenced on March 13, 2015. With respect to the
PFBPP conviction, Defendant was sentenced to fifteen (15) years at Level V
suspended after ten (10) years at Level V for five (5) years supervision at Level IV
Department of Corrections’ (“DOC”) Discretion, suspended after twelve (12)
months at supervision Level IV at DOC Discretion, for two (2) years at supervision
Level III with GPS monitoring, hold at supervision Level V until space is available
at Level IV. With respect to the PABPP conviction, Defendant was sentenced to
eight (8) years at Level V suspended for one (1) year at Level III with GPS
monitoring.
3. On March 30, 2015, Defendant filed a timely appeal of his conviction
and sentence with the Delaware Supreme Court, which affirmed this Court’s ruling
by Order dated December 4, 2015.1
4. On April 11, 2016, Defendant filed a timely motion for postconviction
relief and a motion for appointment of postconviction relief counsel pursuant to
Rule 61 as a self-represented litigant.
5. Rule 61(e) governs the appointment of counsel in postconviction
proceedings. Upon a defendant’s timely request, the Court shall appoint counsel
for an indigent movant’s first motion for postconviction relief if the motion seeks
to set aside “a judgment of conviction after a trial that has been affirmed by final
order upon direct appellate review and is for a crime designated as a class A, B, or
C felony under 11 Del. C. § 4205(b)”.2
1
Williams v. State, 129 A.3d 232 (TABLE) (Del. 2015).
2
Super. Ct. Crim. R. 61(e)(1). Rule 61(e)(1) also requires the Court to appoint counsel where “a
judgment of conviction after a trial that has been affirmed by final order upon direct appellate
2
6. Pursuant to 11 Del. C. § 1448(c), PFBPP is a class C Felony if the
defendant has been previously convicted of a violent felony. Defendant qualified
for increased sentencing under § 1448(e)(1) because of Defendant’s status as a
prohibited person and his previous conviction of a violent felony.3 Accordingly,
Defendant’s 2014 jury conviction of PFBPP, from which he intends to seek
postconviction relief, is a class C felony and Defendant is entitled to appointment
of counsel to pursue his first motion for postconviction relief.
7. Once counsel is appointed, a briefing schedule will be issued on the
motion for postconviction relief. In the meantime, the postconviction relief motion
Defendant filed as a self-represented litigant will be stayed.
NOW, THEREFORE, on this 20th day of April 2016, Defendant Dennis
Williams’ Motion for Appointment of Counsel is hereby GRANTED.
IT IS SO ORDERED.
Andrea L. Rocanelli
____________________________________
The Honorable Andrea L. Rocanelli
review and resulted in the imposition of a sentence under 11 Del. C. § 4214(b) [. . . or . . .] a
sentence of death.” Because Defendant was not sentenced to life imprisonment or death, these
exceptions are inapplicable.
3
Defendant was convicted of Possession of a Deadly Weapon by a Person Prohibited, a violent
felony under 11 Del. C. § 4201(c), on October 18, 2007.
3