Velazquez v. State

Summary

The Delaware Supreme Court reviewed Angel Velazquez's appeal from his conviction for escape after conviction and his sentencing as a habitual offender. Applying Supreme Court Rule 26(c), the Court concluded that the appeal was wholly without merit, affirmed the Superior Court's judgment, and found counsel's motion to withdraw moot.

Holdings

1. The appeal was wholly without merit and presented no arguably appealable issue; counsel had made the required conscientious examination of the record and law.
2. Escape after Conviction, including a class D felony offense, is properly classified as a violent felony under 11 Del. C. § 4201(c).
3. Once Velazquez was adjudicated a habitual offender under 11 Del. C. § 4214(a), and Escape after Conviction was treated as a violent felony, the Superior Court was required to impose at least the statutory maximum sentence for the qualifying class D felony and therefore had no discretion to impose less than eight years.

Questions Presented

1. Whether the appeal presented any arguably meritorious issue under Supreme Court Rule 26(c).
2. Whether the evidence was sufficient to support Velazquez's conviction for Escape after Conviction.
3. Whether the Superior Court could adjudicate Velazquez a habitual offender and impose the statutory maximum sentence when the qualifying offense was classified as a violent felony.
4. Whether the eight-year sentence was invalid because it exceeded or departed from the SENTAC sentencing guidelines.

Disposition

affirmed