Opinion
ID. No. 9802019556. No. K98-03-0220I-R1.
February 18, 2000.
ORDER
On this 18th day of February, 2000, 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, Arthur L. Waters ("Waters") pled guilty on September 17, 1998 to one count of Kidnaping in the Second Degree, 11 Del. C. § 783. Waters was facing trial on the following charges: Assault in the First Degree (car jacking) and Kidnaping in the Second Degree. Pursuant to the Rule 11(e)(1)(C) plea agreement, Waters was sentenced to six years incarceration suspended after three years for varying levels of probation. Had Waters gone to trial and been convicted of both charges, he would have faced up to twenty years incarceration. Waters did not appeal his conviction or sentence to the Delaware Supreme Court. Instead he filed the instant motion for postconviction relief pursuant to Superior Court Criminal Rule 61.
(2) The Court referred this motion to Superior Court Commissioner Andrea M. Maybee 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 as procedurally barred by Rule 61(i)(3) and as meritless. 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 21, 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 Postconviction Relief is DENIED .