Summary
This Delaware Superior Court order denies Defendant Dameir K. Walker’s motion for correction of an allegedly illegal sentence and request for appointed counsel under Criminal Rule 35(a). Walker, who pleaded guilty to multiple felony counts including second-degree murder and possession of a firearm during a felony, argued that his sentence required resentencing following the U.S. Supreme Court’s decision in Erlinger v. United States. The court found no statutory illegality in his imposed terms, as none were enhanced beyond baseline minimums or maximums, and therefore granted no relief.
Topics
Practice areas
Questions Presented
- Whether the defendant is entitled to relief under Criminal Rule 35(a) to correct an illegal sentence
- Whether the court must appoint counsel under Rule 35(a) when relief is denied
Holdings
- The motion for correction of sentence was denied because the sentence was within the statutorily authorized limits and therefore not illegal.
- The court declined to appoint counsel because the defendant was manifestly ineligible for Rule 35(a) relief.
Key quotations
“Criminal Rule 35(a) permits this Court to correct an illegal sentence “at any time.” Relief under Rule 35(a) is available when, inter alia, the sentence imposed: exceeds the statutorily-authorized limits; omits a term required to be imposed by statute; is uncertain as to its substance; or, is a sentence that the judgment of conviction did not authorize.” (at *4)
Factual background
In November 2016 Walker was indicted on 32 felony counts, pleaded guilty to a reduced set of charges including second‑degree murder, robbery, home invasion, firearm possession, and conspiracy, and was sentenced to a cumulative term of 30 years with various mandatory minimums and suspended portions. He later moved to correct the sentence under Rule 35(a) and to obtain appointed counsel.
Procedural history
The defendant filed a motion to correct an alleged illegal sentence under Criminal Rule 35(a) and to obtain appointed counsel; the Superior Court considered the motion and denied both requests.