Opinion
1K02-05-0782-RL.
Submitted: October 15, 2003.
Decided: November 21, 2003.
ORDER
Upon consideration of the defendant's Motion for Postconviction Relief, the Commissioner's Report and Recommendation, the defendant's objections to the Commissioner's Report and Recommendation and the record in this case, it appears that:
(1) The defendant, Guango Correa ("Correa") pled guilty on November 18, 2002 to one count of Assault in the Second Degree, 11 Del. C. § 612. On February 25, 2003 the Court sentenced Correa to a total of five years at Level V incarceration with credit for 152 days served, suspended after serving two years for varying levels of probation. Correa did not appeal his conviction or sentence to the Delaware Supreme Court, instead he filed a motion for postconviction relief pursuant to Superior Court Criminal Rule 61.
(2) The Court referred this motion to Superior Court Commissioner Andrea Maybee Freud pursuant to 10 Del. C. § 512(b) and Superior Court Criminal Rule 62 for proposed findings of facts and conclusions of law. The Commissioner has filed a Report and Recommendation concluding that the motion for postconviction relief should be denied.
(3) Correa filed a pro se notice of appeal to the Supreme Court from the decision of the Commissioner's Report and Recommendation. The Supreme Court dismissed his appeal on October 15, 2003.
(4) Pursuant to 10 Del. C. § 512(b) and Superior Court Criminal Rule 62, the Court has conducted a careful and de novo review. After doing so, the Court finds that both of Correa's claims are procedurally barred.
NOW THEREFORE, after careful and de novo review of the record in this action, and for the reasons stated in the Commissioner's Report and Recommendation dated August 13, 2003,
IT IS ORDERED that:
(A) The Commissioner's Report and Recommendation is adopted by the Court;
(B) The defendant's Motion for Postconviction Relief is DENIED.