State v. Archy ( 2024 )

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
STATE OF DELAWARE, )
)
v. ) ID No. 2212001152B
)
CORNELIUS E. ARCHY, )
)
Defendant. )
)
Date Submitted: December 19, 2023
Date Decided: January 4, 2024
ORDER
Upon consideration of Defendant Cornelius E. Archy’s (“Archy”) Motion for
“Renewed” Judgment of Acquittal (“Motion”),1 Superior Court Criminal Rule 29(c),
statutory and decisional law, and the record, IT APPEARS THAT:
(1) On January 30, 2023, a Grand Jury indicted Archy on charges of
Possession of a Firearm by a Person Prohibited (“PFBPP”), Possession of
Ammunition by a Person Prohibited (“PABPP”), Carrying a Concealed Deadly
Weapon (“CCDW”), and Possession of Marijuana.2
(2) On July 17, 2023, Archy filed a Motion to Sever the PFBPP and PABPP
charges from the CCDW and Possession of Marijuana charges which the Court
1
D.I. 19B. Archy refers to his Motion as a “Renewed” Motion, however, it is not. This is Archy’s
first Motion for Judgment of Acquittal. Docket numbers followed by the letter (A) refer to the A
Case docket and docket numbers followed by the letter (B) refer to the B Case docket.
2
D.I. 1B.
1
granted.3
(3) Archy’s case proceeded to a jury trial on September 5, 2023, where
Archy was convicted of Possession of Marijuana (IN 22-12-0972) but found not
guilty of CCDW (IN 22-12-0971).4
(4) On September 7, 2023, the severed charges moved forward to trial, and
Archy was convicted of both PFBPP (IN 22-12-0970) and PABPP (IN 23-07-1637).5
(5) On October 11, 2023, while still represented by counsel, Archy mailed
a letter to the Court stating his intent to file a Motion for Judgment of Acquittal.6 In
that letter, Archy stated, “I’ll sincerely appreciate you take the Motion into
consideration untimely.”7 Because Archy was represented by Counsel, the Court
forwarded the letter to his then-attorney.8
(6) At Archy’s request to proceed pro se, the Court held a colloquy, and on
November 13, 2023, Archy was permitted to represent himself at sentencing.9
(7) On November 20, 2023, Archy filed a “Renewed Motion for Judgment
of Acquittal” under Superior Court Criminal Rule 29(c).10 In the Motion, he argues
his charges of PFBPP and PABPP should be set aside because there was no evidence
3
D.I. 2B.
4
D.I. 31A.
5
D.I. 7B.
6
D.I. 13B.
7
Id.
8
D.I. 14B.
9
D.I. 16B, 18B.
10
D.I. 19B.
2
that he knew where the firearm was nor was there evidence that he had the ability or
intention to exercise dominion and control over the firearm.11 Further, Archy claims
there was no evidence presented connecting him to the firearm and the State
incorrectly relied upon circumstantial evidence to establish constructive possession
of the firearm, so he should be acquitted of PFBPP and PABPP.12
(8) The State filed its response on December 19, 2023, requesting the Court
deny Archy’s Motion, claiming, among other things, that Archy’s Motion is
untimely.13
(9) Under Superior Court Criminal Rule 29(c), a “motion for judgment of
acquittal may be made or renewed within 7 days after the jury is discharged or within
such further time as the court may fix during the 7-day period.”14 Under Rule 45(b),
“the court may not extend the time for taking any action under Rule 29 . . . except to
the extent and under the Conditions stated in them.”15 Rule 29(c) permits a motion
for judgment of acquittal to be served after the 7-day time constraint only if the
defendant has been granted additional time by the Court within those 7 days.16
(10) The Court is unable to reach the merits of Archy’s argument because
his Motion is time-barred. The deadline for filing Archy’s Motion for Judgment of
11
Id.
12
Id.
13
D.I. 21B.
14
Super. Ct. Crim. R. 29(c).
15
Super. Ct. Crim. R. 45(b).
16
In re Motion for Judgment of Acquittal, 2007 WL 2473338, at *1 (Del. Super. Aug. 14, 2007).
3
Acquittal was September 18, 2023, 7 business days following his verdict on
September 7, 2023.17 Archy did not file his Motion until November 20, 2023.18
Therefore, Archy’s Motion is procedurally barred as untimely and under Rule 26(c)
the Court reserves no discretion to extend the required time period.
NOW, THEREFORE, IT IS HEREBY ORDERED that Archy’s Motion
for Judgment of Acquittal is DENIED.
IT IS SO ORDERED.
/s/ Jan R. Jurden
Jan R. Jurden, President Judge
cc: Original to Prothonotary
Jillian L. Schroeder, DAG
Cornelius Archy (SBI # 00496480)
17
D.I. 7B. To the extent that Archy attempts to argue his “letter of intent,” docketed on October
11, 2023, constitutes a Motion for Judgment of Acquittal, this argument fails since it is not a
proper Motion for Judgment of Acquittal, nor does it make his Motion timely. D.I. 13B.
18
D.I. 19B.
4