Opinion
I.D. No. 0411003978.
January 6, 2010.
ORDER
Upon consideration of the Defendant's Motion for Postconviction Relief, the Commissioner's Report and the record in this case, it appears that:
1. On June 29, 2005, defendant pled guilty to three Robbery First Degree charges and was sentenced on September 9, 2005. The sentence imposed involved mandatory time. Defendant did not take a direct appeal of his conviction to the Delaware Supreme Court.
2. On November 2, 2009, defendant file a Motion for Postconviction Relief pursuant to Superior Court Criminal Rule 61.
3. This Motion for Postconviction Relief was referred to a Superior Court Commissioner pursuant to 10 Del. C. § 512(b) and Superior Court Criminal Rule 62 for proposed findings of fact and conclusions of law.
4. The Commissioner issued the Report and Recommendation on November 20, 2009 recommending that Defendant's Pro Se Motion for Postconviction Relief be summarily dismissed. No objections to the Report have been filed.
NOW THEREFORE, for the reasons stated in the Commissioner's November 20, 2009 Report and Recommendation that Defendant's Pro Se Motion for Postconviction Relief should be Dismissed,
IT IS ORDERED this 6th day of January, 2010 that the Commissioner's Report, including its Recommendation, is adopted by the Court. Defendant's Motion for Postconviction Relief is DISMISSED.