Tolem v. State

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE DANIEL TOLEM, ) ) Defendant-Below, ) Appellant ) ) v ) ID No. 1212000184 ) ) STATE OF DELAWARE, ) ) Plaintiff-Below, ) Appellee. ) Submitted: Septernber 5, 2018 Decided: November 7, 2018 M Upon Appealfrom the Court of Common Pleas Ofthe State OfDelaware in and for New Castle County, AFFIRMED. This 7th day of November, 2018, upon consideration of the parties’ briefs and the record below, it appears to the Court that: (1) On July 15, 2013, Appellant Daniel Tolem (“Tolern”) pleaded guilty to two misdemeanors in the Court of Common Pleas: Theft-Misdemeanor and Placing an Illegal Wager.l The State entered a nolle prosequi on two other charges2 The Court of Common Pleas immediately sentenced Tolem, for each charge, to one year of imprisonment suspended for one year of Level I probation. Those sentences ran concurrently3 and Tolem Was fully discharged from probation for both on September 5, 2014.4 This appeal arises from his unsuccessful efforts in the Court of Common Pleas to now take back his plea_four years after it Was entered and three years after his sentence ended. FACTUAL AND PRoCEDURAL BACKGRoUND (2) When first addressing the court at his plea hearing, Tolem’s counsel informed the Court of Common Pleas, “I Went over the guilty plea form With Mr. Tolem, explained the trial rights that he’s giving up by entering this plea and I believe he’s doing so knowingly, intelligently, and voluntarily.”5 The court then addressed Tolem personally. l Tr. of Plea Colloquy, State v. Dam'el Tolem, ID No. 1212000184, at 3 (Del. Com Pl. July 13, 2013) (hereinafter “Colloquy Tr.”). 2 Id. 3 Id. ar 9-10. 4 Probation Termination, State v. Daniel Tolem, ID No. 1212000184 (Del. Com. Pl. Sept. 5, 2014). 5 Colloquy Tr. at 3:12-16. (3) During the plea colloquy, the court asked Tolem Whether he had read, understood, and signed the guilty plea form, had answered all questions truthfully, and then understood all constitutional rights he Was Waiving by agreeing to forego trial and plead guilty to the two charges.6 Throughout the plea colloquy, Tolem consistently told the court that he understood.7 The court also questioned Tolem’s counsel as to Whether Tolem understood his trial rights and the plea process.8 Tolem’s counsel confirmed that Tolem did.9 (4) The court, during the colloquy, noted that Tolem “expressed through [his] body language, and through the shakes of [his] head significant reluctance” to entering the plea. The court then asked Tolem: “You’ve entered a guilty plea; I’m giving you the opportunity now. Do you Wish to Withdraw that guilty plea or do you Want me to accept it?”‘0 Tolem replied, “Yeah, I Want you to accept that.”ll Tolem confirmed both before and after this exchange that he had committed the theft and 6 Ia'. at 4-7. 7 Id. 8 [a'. at 8 (“[Defense Counsel], are you confident that your client understands What’s going on and is entering this plea Willfully?”). 9 Ia'. (“Yes, Your Honor. We did ...

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