Opinion
No. 496, 2005.
Submitted: January 20, 2006.
Decided: February 6, 2006.
Superior Court of the State of Delaware, in and for New Castle County, Cr. ID 0408023122.
Before HOLLAND, JACOBS, and RIDGELY, Justices.
ORDER
This 6th day of February 2006, upon consideration of the appellant's Supreme Court Rule 26(c) brief, his attorney's motion to withdraw, and the State's response thereto, it appears to the Court that:
(1) The defendant-appellant, Brian Neal, pled guilty to one count of first degree assault, as a lesser included offense to attempted first degree murder, and possession of a firearm during the commission of a felony. The Superior Court sentenced Neal to a total period of twenty-five years at Level V incarceration to be followed by probation. This is Neal's direct appeal.
(2) Neal's counsel on appeal has filed a brief and a motion to withdraw pursuant to Rule 26(c). Neal's counsel asserts that, based upon a complete and careful examination of the record, there are no arguably appealable issues. By letter, Neal's attorney informed him of the provisions of Rule 26(c) and provided Neal with a copy of the motion to withdraw and the accompanying brief. Neal also was informed of his right to supplement his attorney's presentation. Neal has not raised any issues for this Court's consideration. The State has responded to the position taken by Neal's counsel and has moved to affirm the Superior Court's judgment.
(3) The standard and scope of review applicable to the consideration of a motion to withdraw and an accompanying brief under Rule 26(c) is twofold: (a) this Court must be satisfied that defense counsel has made a conscientious examination of the record and the law for arguable claims; and (b) this Court must conduct its own review of the record and determine whether the appeal is so totally devoid of at least arguably appealable issues that it can be decided without an adversary presentation.
Penson v. Ohio, 488 U.S. 75, 83 (1988); McCoy v. Court of Appeals of Wisconsin, 486 U.S. 429, 442 (1988); Anders v. California, 386 U.S. 738, 744 (1967).
(4) This Court has reviewed the record carefully and has concluded that Neal's appeal is wholly without merit and devoid of any arguably appealable issue. We also are satisfied that Neal's counsel has made a conscientious effort to examine the record and the law and has properly determined that Neal could not raise a meritorious claim in this appeal.
NOW, THEREFORE, IT IS ORDERED that the State's motion to affirm is GRANTED. The judgment of the Superior Court is AFFIRMED. The motion to withdraw is moot.