IN THE SUPERIOR COURT OF THE STATE OF DELAWARE STATE OF DELAWARE, ) ) v. ) ) I.D. No. 1812004090 ) EDWARD MUJICA, ) ) Defendant. ) Submitted: April 6, 2021 Decided: May 3, 2021 Reissued: October 1, 2021 Upon Defendant’s Motion for Postconviction Relief DENIED Upon Defendant’s Request for Appointment of Postconviction Counsel DENIED ORDER Upon consideration of the motion for appointment of postconviction relief counsel filed by Defendant Edward Mujica (“Defendant”); Rule 61 of the Superior Court Rules of Criminal Procedure (“Rule 61”); the facts, arguments and legal authorities set forth in Defendant’s motion; statutory and decisional law; and the entire record in this case, the Court finds as follows: 1. This case involves domestic violence. Defendant was arrested on January 23, 2019 and charged with Stalking, Wearing a Disguise During the Commission of a Felony and Non-Compliance with Conditions of Release, specifically, a No-Contact Order. 2. Defendant was committed to the custody of the Department of Correction in default of bail and was appointed counsel (“Defense Counsel”). 3. On October 17, 2019, Defendant pled guilty to Felony Stalking. In connection with the Plea Agreement, the State dismissed the charges of Wearing a Disguise During the Commission of a Felony and Non-Compliance with Conditions of Release, specifically, a No-Contact Order. 4. Pursuant to Superior Court Criminal Procedural Rule 11(c)(1), the Court addressed Defendant personally in open court1 and determined that Defendant 1 The Court addressed Defense Counsel as well as Defendant in open court. The Court: All right. [Defense Counsel] your presentation regarding your client’s waiver of his constitutional trial rights and any collateral consequences as well as the statutory consequences he will face. [Defense Counsel]: Yes, Your Honor, we have discussed the factual allegations. We have discussed the trial rights that he waives. He understands very well that this could have an effect on his immigration status and talked about this for months. I believe he is doing this knowingly, intelligently and voluntarily. The Court: Mr. Mujica, you are before the Court on a felony allegation of stalking, and a felony allegation of wearing a disguise during the commission of a felony, and a misdemeanor of noncompliance with conditions of release. You are entitled to have a trial. At a trial, the jury would be told that you are presumed innocent. You could only be convicted if the jury unanimously agreed that you were guilty beyond a reasonable doubt. You would have the opportunity to challenge the State’s evidence and to confront the witnesses who testified against you. [Defense Counsel] would represent you at trial. The trial was scheduled to begin today and the witnesses are present in the courtroom. At a trial, it’s possible that you would be found not guilty. It’s also possible that you would be found guilty of both 2 understood the nature of the charges to which the plea was offered and the maximum possible penalty provided by law. Accordingly, Defendant acknowledged in open court that the range of possible penalties included …
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