Opinion
ID No. 0007016173 IK00-07-0581-R1, IK00-07-0582-R1, IK00-07-0583-R1, IK00-07-0587-R1
March 13, 2002
ORDER
On this 13th day of March, 2002, upon consideration of the defendant's Motion for Postconviction Relief, the Commissioner's Report and Recommendation, and the record in this case, it appears that:
(1) The defendant, Cornell L. Rivera ("Rivera") pled guilty on January 2, 2001 to four counts of Unlawful Sexual Intercourse in the Third Degree ("USI 3rd"), 11 Del. C. § 773, as a lesser included offense of Unlawful Sexual Intercourse in the First Degree ("USI 1st). Rivera was facing trial on seven counts of USI 1st, one count of Attempted Unlawful Sexual Intercourse in the First Degree, one count of Continuous Sexual Abuse of a Child and eleven counts of Unlawful Sexual Contact in the Second Degree. Had Rivera gone to trial and been convicted of the eight most serious charges, he would have faced the possibility of 120 years minimum mandatory incarceration and up to life, if found guilty of each of these charges. Pursuant to the plea agreement, the State entered a nolle prosequi on the remaining charges. A presentence investigation was ordered. Rivera was sentenced on February 27, 2001 to a total of twenty years incarceration suspended after three years for varying levels of probation. Rivera did not appeal his conviction or sentence to the Delaware Supreme Court. Instead, Rivera chose to file a motion for postconviction relief pursuant to Superior Court Criminal Rule 61. In his motion, Rivera alleges three grounds for relief: 1) that his confession was coerced, 2) that his counsel was ineffective, and 3) that the charges should have proceeded in Family Court.
(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 that the motion for postconviction relief should be denied. 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 30, 2002,
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.