State v. Zebroski

Full title: STATE OF DELAWARE v. CRAIG A. ZEBROSKI, Defendant.

Court: SUPERIOR COURT OF THE STATE OF DELAWARE

Date published: Jun 21, 2017

I.D. # 9604017809 (Del. Super. Ct. Jun. 21, 2017)

Opinion

I.D. # 9604017809

06-21-2017

STATE OF DELAWARE v. CRAIG A. ZEBROSKI, Defendant.

cc: Elizabeth R. McFarlan, Deputy Attorney General Stamatios Stamoulis, Esquire

Abigail M. LeGrow, Judge

ORDER

WHEREAS, Defendant Craig A. Zebroski was convicted after trial by jury of murder in the first degree and sentenced to death pursuant to 11 Del. C. § 4209;¹ and

1 Zebroski also was convicted of other charges for which he received a total sentence of 61 years of unsuspended Level V time. This order does not modify in any way the sentence imposed on those charges.

WHEREAS, on August 2, 2016, a majority of the Delaware Supreme Court held in Rauf v. State ² that 11 Del. C. § 4209 was unconstitutional because it deprived a defendant in a capital penalty hearing of his or her Sixth Amendment right to a jury trial; and

2 145 A.3d 430 (Del. 2016).

WHEREAS, on December 15, 2016, the Delaware Supreme Court held in Powell v. State ³ that its decision in Rauf must be applied retroactively and that Powell's death sentence therefore must be vacated and a sentence of "imprisonment for the remainder of his natural life without benefit of probation or parole or any other reduction"⁴ imposed; and

3 — A.3d —, 2016 WL 7243546 (Del. Dec. 15, 2016).

4 Id. at *5 (citation omitted). --------

WHEREAS, the parties agree and concede that this Court is required to impose a sentence of imprisonment for the remainder of Zebroski's natural life without benefit of probation or parole or any other reduction; and

WHEREAS, the parties agree that Zebroski's pending Motion for Postconviction Relief (the "Motion") should be stayed pending resolution of Zebroski's appeal of the sentencing order because that appeal will divest this Court of jurisdiction to rule on the Motion;

NOW, THEREFORE, this 21st day of June, 2017, having conducted a hearing with respect to sentencing, the Court shall issue a sentencing order consistent with this Order, effective August 18, 1997. The Motion is STAYED until the Delaware Supreme Court resolves Zebroski's appeal of the sentencing order.

IT IS SO ORDERED.

/s/_________

Abigail M. LeGrow, Judge Original to Prothonotary
cc: Elizabeth R. McFarlan, Deputy Attorney General

Stamatios Stamoulis, Esquire