Ward X v. State

IN THE SUPREME COURT OF THE STATE OF DELAWARE
ISA JESUS LARRY L. WARD X, §
§ No. 171, 2021
Defendant Below, §
Appellant, § Court Below—Superior Court
§ of the State of Delaware
v. §
§ Cr. ID No. 30807429DI (N)
STATE OF DELAWARE, §
§
Plaintiff Below, §
Appellee. §
Submitted: July 6, 2021
Decided: August 4, 2021
Before SEITZ, Chief Justice; VALIHURA and VAUGHN, Justices.
ORDER
Upon consideration of the appellant’s opening brief, the State’s motion to
affirm, and the record below, it appears to the Court that:
(1) The appellant, Isa Jesus Larry L. Ward X, filed this appeal from the
Superior Court’s denial of his motion to vacate his life sentence. The State of
Delaware has filed a motion to affirm the judgment below on the ground that it is
manifest on the face of Ward’s opening brief that his appeal is without merit. We
agree and affirm.
(2) The record reflects that, in 1989, a Superior Court jury found Ward
guilty of attempted first-degree murder and possession of a deadly weapon during
the commission of a felony. The Superior Court sentenced Ward to life
imprisonment plus a term of years. This Court affirmed Ward’s convictions and
sentence on direct appeal.1 Since that time Ward has filed multiple unsuccessful
petitions seeking postconviction relief, habeas corpus relief, and correction of his
sentence.2
(3) In October 2014 and December 2014, Ward filed two motions for
correction of sentence. He argued that his life sentence for attempted first-degree
murder was illegal because he was convicted of the nonexistent crime of attempted
felony murder. The Superior Court denied the motions. On appeal, this Court
concluded there was no factual basis for Ward’s claim that he was convicted of a
nonexistent crime because the record reflected that “he was charged with and
convicted of Attempted Intentional Murder in the First Degree under 11 Del C. §
636(a)(1), not “Attempted Felony Murder under 11 Del. C. § 636(a)(2).”3
(4) On March 1, 2021, Ward filed another motion challenging his life
sentence. He argued that his attempted murder conviction and sentence had to be
vacated because he was charged with and found guilty of first-degree attempted
murder, not attempted intentional murder in the first degree under § 636(a)(1). On
April 26, 2021, Ward filed a letter requesting a hearing on his motion. On May 17,
1
Ward v. State, 575 A.2d 1156 (Del. 1990).
2
See, e.g., Ward v. State, 2015 WL 3536598, at *1 (Del. May 28, 2015) (affirming the Superior
Court’s denial of Ward’s motion for correction of illegal sentence); Ward v. State, 2001 WL
1560685, at *1 (Del. Nov. 27, 2001) (affirming the Superior Court’s summary dismissal of Ward’s
second motion for postconviction relief).
3
Ward, 2015 WL 3536598, at *1.
2
2021, the Superior Court denied the motion and the request for a hearing. This
appeal followed.
(5) On appeal, Ward continues to argue that he was not charged with or
convicted of attempted intentional murder in the first degree under § 636(a)(1), and
that he was imprisoned for a crime that does not exist. This argument is without
merit.
(6) Ward was indicted and convicted of attempted first-degree murder
based on his intentional attempt to cause the death of two police officers by pointing
and firing a gun at them, which under the circumstances as he believed them to be
was a substantial step in a course of conduct planned to culminate in first-degree
murder. The indictment and jury instructions were consistent with the language of
§ 531(2)4 and § 636(a)(1) at the time of Ward’s crimes.5 Under § 531, “[a]ttempt to
commit a crime is an offense of the same grade and degree as the most serious
offense which the accused is found guilty of attempting.” The sentence for
attempted first-degree murder was life imprisonment.6 Accordingly, the Superior
Court did not err in denying Ward’s motion to vacate his life sentence.
4
11 Del. C. § 531(2) (1988) (providing that a person is guilty of an attempt to commit a crime
when he “[i]ntentionally does or omits to do anything which, under the circumstances as he
believes them to be, is a substantial step in a course of conduct planned to culminate in his
commission of the crime”).
5
Id. § 636(a)(1) (providing that a person is guilty of first-degree murder when he “intentionally
causes the death of another person”).
6
Id. § 4205.
3
NOW, THEREFORE, IT IS ORDERED that the motion to affirm is
GRANTED and the Superior Court’s judgment is AFFIRMED.
BY THE COURT:
/s/ Karen L. Valihura
Justice
4