Supreme Court of Delaware

Capers v. State

February 25, 2019

Summary

The Supreme Court of Delaware affirmed Capers’s convictions after concluding that the Superior Court did not plainly err by allowing Capers to withdraw his guilty plea. The parties had not agreed that New Jersey law or the presentence report would control the applicable minimum-mandatory sentence, and the record did not support Capers’s claim that the State breached the plea agreement. The Court also approved appointed counsel’s no-merit brief and withdrawal motion under Rule 26(c).