Opinion
No. 85, 2018
06-20-2018
RONALD D. BEAL, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee.
Court Below: Superior Court of the State of Delaware ID. No. 1308023217 (K) Before VALIHURA, VAUGHN, and SEITZ, Justices.
ORDER
The Court has considered the State's motion to affirm in this appeal from the Superior Court's order dated January 30, 2018, denying Ronald Beal's motion for postconviction relief under Superior Court Criminal Rule 61. The Superior Court denied Beal's motion on the basis of a Commissioner's thorough and well-reasoned report and recommendation dated October 19, 2017, which concluded that Beal's claims were procedurally barred under Rule 61(i)(3), unsupported by the record, legally insufficient to establish ineffective assistance of counsel, and waived by Beal's intelligent, knowing, and voluntary guilty plea. After reviewing the record de novo, the Superior Court issued its order adopting the report and recommendation and denying Beal's motion for postconviction relief. Having carefully considered the parties' submissions and the Superior Court record, we agree that Beal's appeal is without merit. The Superior Court did not err in denying Beal's motion for postconviction relief.
State v. Beal, 2017 WL 5068571 (Del. Super. Ct. Comm'r Oct. 19, 2017) (Report and Recommendation).
NOW, THEREFORE, IT IS ORDERED that the motion to affirm is GRANTED. The judgment of the Superior Court is AFFIRMED.
BY THE COURT:
/s/ James T. Vaughn, Jr.
Justice