Opinion
ID No. 9905016384. Cr.A. Nos. IK99-07-0244, IK99-07-0245, IK99-07-0246.
January 26, 2000.
ORDER
On this 26th day of January, 2000, upon consideration of the defendant's Motion for Transfer to the Family Court, the Commissioner's Report and Recommendation, and the record in this case, it appears that:
(1) The defendant Eric V. Curry, Jr. ("Curry") was indicted by the Grand Jury on one count of Robbery in the First Degree, 11 Del. C. § 832, one count of Possession of a Firearm During the Commission of a Felony ("PFDCF"), 11 Del. C. § 1447A; and one count of Wearing a Disguise During the Commission of a Felony, 11 Del. C. § 1239. The charges stem from a strong arm robbery on April 3, 1999 during which Curry allegedly robbed a Dunkin Donuts shop in Dover, Delaware. The charges were brought in Superior Court pursuant to 11 Del. C. § 1447A(e).
11 Del. C. § 1447A(e) states that every person charged with possession of a deadly weapon during the commission of a felony "over the age of 15 years shall be tried as an adult, notwithstanding any contrary provisions or statutes governing the Family Court or any other state law."
(2) Curry has moved to have all the charges, with the exception of the PFDCF charge, transferred to the Family Court pursuant to 10 Del. C. § 1011. The motion for transfer was referred to the Court Commissioner for Findings of Fact and Recommendations pursuant to 10 Del. C. § 512 and Superior Court Criminal Rule 62. A hearing on the motion was held on September 14, 1999. The Commissioner has filed a Report and Recommendation concluding that the Court find Curry nonamenable to the Family Court and deny his motion for transfer of the proceedings to Family Court. No objections to the Report have been filed.
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 January 6, 2000,
IT IS ORDERED that:
(A) The well-reasoned Commissioner's Report and Recommendation is adopted by the Court;
(B) The defendant's Motion for Transfer to the Family Court is DENIED.