State v. Sandoval-Becerra

SUPERIOR COURT OF THE STATE OF DELAWARE MARK H. CONNER 1 The Circle, Suite 2 JUDGE Georgetown, DE 19947 Telephone (302) 856-5256

March 4, 2025

Anthony Hill, Deputy Attorney General Monika Germono, Esquire Department of Justice Office of Defense Services Carvel State Office Building 14 The Circle N. French St. Georgetown, DE 19947 Wilmington, DE 19801

RE: State v. Jesus Sandoval-Becerra ID No. 2406001772 Submitted: February 28, 2025 Decided: March 3, 2025 Dear Counsel: On November 12, 2024, the State filed a Motion to Restore Competency. In response to the motion, the Defendant requested a hearing pursuant to 11 Del. C. § 404(a) to determine if the State can make a prima facie case against the Defendant. After a hearing on February 10, 2025, and a post hearing submission by the State, the Court finds that the State met its burden.

Section 404(a) of Title 11 permits the Defendant to request a hearing to determine if there is sufficient evidence to constitute a prima facie case before the Defendant is ordered to be committed for competency restoration at the Delaware Psychiatric Center. “A prima facie case is established if there is a fair likelihood that the defendant will be convicted.”1 This decision is made with the assumption “that the evidence introduced at the hearing is unrebutted by the [defendant] at trial.”2 The alleged victim, with a date of birth September 16, 2007, reported the Defendant exposed himself and made sexual solicitations at two different times.

The first report occurred in 2021. In 2021, it was reported that the Defendant exposed himself and made sexual solicitations on three occasions when she was approximately seven or eight years old. The first report involved an incident on the porch of the family home. The second report involved an incident in a car. The third report involved an incident in the den of the family home. The Defendant was identified as “Mono”. An arrest was not made in 2021 because “Mono”’s identity could not be established and that “Mono” possibly moved to Ohio. In 2024, the alleged victim made a similar report to the Division of Family Services. The Delaware State Police again interviewed the alleged victim who described the same three incidents which also included being shown pornography from the Defendant. Detective O’Neil was able to identify “Mono” as the Defendant and arrested him on June 6, 2024.

After hearing the evidence, the Court had some questions regarding the evidence presented and some of the indicted charges. In a letter dated February 21, 2025, the State represented that it will be entering a nolle prosequi on Courts 5 and of the indictment.

The Court finds that the State has established a prima facie case against the Defendant as to Counts one through four of the indictment. The Court has reviewed the report of Dr. Alexander Gould who was retained by the Defendant. It is clear to the Court that the Defendant is not competent. However, Dr. Gould opines his competency can be restored. Therefore, the State’s Motion to Restore Competency is GRANTED. A separate Order will be sent to the Department of Corrections and the Delaware Psychiatric Center arranging the transfer of the Defendant until he is deemed competent to stand trial.

IT IS SO ORDERED.

/s/ Mark H. Conner Mark H. Conner, Judge

MHC/aml oc: Prothonotary State v. Moore, 2003 WL 23274842 at *1, (Del. Super. December 31, 2003).

State v. Harper, 2014 WL 1303012 at *5, (Del. Super. March 31, 2014).