State v. Mace

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it was withdrawn prior to acceptance.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rights and may be withdrawn at any time prior to acceptance.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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