CourtListener 10161094•State v. Mace
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IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
STATE OF DELAWARE )
)
v. ) I.D. No. 2311011383
)
ZEPH’ONE MACE, )
)
Defendant. )
ORDER
The Court has considered the Defendant’s Motion for Review of
Commissioner’s Order in which the Defendant seeks to force the State into a plea
bargain that was not consummated at the preliminary hearing stage in the Court of
Common Pleas.
1. The important consideration here is stated above: the plea bargain
offered was not consummated. At the preliminary hearing, the Dept. of Justice’s
felony screening unit made an offer to a misdemeanor, apparently conveyed to the
assigned public defender. But before speaking to the public defender, the Defendant,
acting pro se, announced to the Court that he wanted a continuance to hire private
counsel. The continuance was granted. The plea offer was never formally
communicated to the Defendant.
2. As the Court warned the Defendant, in the interim, his case was indicted
and moved on to an assigned prosecutor. The new prosecutor has chosen not to
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make a misdemeanor offer again. The Defendant wants the Court to force the Dept.
of Justice to make the same offer (to a misdemeanor). The Commissioner refused
to do so. That Order was proper on the facts and the law. It will not be overturned
here.
3. There never was a plea agreement. There was apparently an offer, but
it was withdrawn prior to acceptance. An offer is unaccompanied by any vested
rights and may be withdrawn at any time prior to acceptance. No constitutional,
ethical or other legal considerations are present that would mandate that the State
make the same offer again. The Commissioner’s Order denying relief is
AFFIRMED.
IT IS SO ORDERED.
Dated: October 24, 2024 /s/ Charles. E. Butler
Charles E. Butler, Resident Judge
cc: Prothonotary
James T. Betts, Deputy Attorney General
Tiffany Anders, Esquire
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