Summary
The Delaware Superior Court issued an order denying Defendant Demonte L. Johnson’s motion to correct an allegedly illegal sentence and for appointment of counsel under Criminal Rule 35(a). Johnson, convicted of first-degree murder, possession of a firearm during a felony, and possession by a prohibited person, argued that his consecutive sentences exceeded statutory limits or were otherwise unlawful. The court found that each sentence fell within prescribed statutory ranges and noted that any challenge to the firearm possession term presented no actual controversy due to its mootness given the life sentence. Consequently, the court denied the motion and declined to appoint counsel.
Topics
Practice areas
Questions Presented
- Whether Johnson's sentences are illegal and subject to correction under Delaware Criminal Rule 35(a).
- Whether Johnson is entitled to appointment of counsel under Rule 35(a) to pursue sentence‑correction relief.
Holdings
- The court held that Johnson's sentences are within the statutory limits and therefore not illegal; consequently, he is not eligible for relief under Rule 35(a).
- The court held that because Johnson is ineligible for Rule 35(a) relief, he is not entitled to appointment of counsel.
Key quotations
“Delaware statutory and case law authorize sentence correction for errors resulting from ‘oversight or omission’.” (at *1)
“Unless [that Rule 35(a) movant] can establish that the [complained-of sentence term] has some current impact on him, Delaware courts are not required to expend judicial resources to answer questions that have no significant current impact.”
Factual background
In August 2015 Johnson was indicted for first‑degree murder, PFDCF, and PFBPP. After a mistrial on the murder charge, a February 2018 trial convicted him on all three counts. He was sentenced to life imprisonment for murder, ten years for PFDCF, and fifteen years for PFBPP, to be served consecutively.
Procedural history
Johnson was indicted in August 2015 for first‑degree murder, possession of a firearm during the commission of a felony, and possession of a firearm by a prohibited person. After a mistrial on the murder charge, a second trial in February 2018 resulted in convictions on all counts. He received a natural‑life term for murder, a ten‑year term for PFDCF, and a fifteen‑year term for PFBPP, all to run consecutively. Johnson moved for correction of his sentence and for appointment of Rule 35(a) counsel; the court denied both motions.