Summary
This Superior Court of Delaware order denies Nymere Howard’s motion for correction of sentence regarding his conviction for possession of a firearm by a person prohibited. Howard argued that his prior convictions should not qualify as violent felonies for enhanced sentencing purposes, but the court found that under the applicable version of 11 Del. C. § 4201(c), his prior carrying a concealed deadly weapon conviction was classified as a violent felony. Consequently, the court upheld the statutorily mandated ten-year minimum sentence and denied the motion.
Topics
Practice areas
Questions Presented
- Whether Howard’s 2020 CCDW conviction qualifies as a violent felony for purposes of the mandatory minimum under 11 Del. C. § 4201(c).
- Whether the Court should grant Howard’s motion for correction of sentence under Superior Court Criminal Rule 35(a).
Holdings
- The Court held that CCDW is classified as a violent felony under the 2024 version of 11 Del. C. § 4201(c); therefore Howard had two prior violent felonies and the enhanced 10‑year mandatory minimum applies.
- The Court denied the motion because the sentence did not exceed the statutory mandatory minimum and the conviction at issue was correctly classified as violent.
Key quotations
“Crimes which are classified as a “violent felony” are found in 11 Del. C. § 4201(c). Whether a crime is a violent felony is controlled by the version of Section 4201(c) in effect at the time the defendant committed the person prohibited offense under Section 1448.” (at 3)
Factual background
Howard was indicted in December 2024 for possession of a firearm by a person prohibited, citing prior violent felony convictions in 2020 (CCDW) and 2023 (PFDCF). He pleaded guilty in January 2025, received a 15‑year sentence with a 10‑year mandatory minimum, and later filed a motion asserting the 2020 CCDW conviction was non‑violent, seeking a reduced sentence.
Procedural history
Howard was indicted on firearm possession charges, pleaded guilty, received a sentence that included a mandatory 10‑year minimum based on two prior violent felonies, and subsequently filed a motion for correction of sentence arguing one prior conviction was non‑violent; the court denied the motion.