Opinion
ID No. 9712001242. Cr.A. Nos. IK97-12-0322-R1, IK97-12-0325-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, James D. Crow, Jr., ("Crow") pled guilty on June 1, 1998 to one count of Assault in the Second Degree, 11 Del. C. § 612; and one count of Aggravated Menacing, 11 Del. C. § 602. Crow was facing trial on the following additional charges: Terroristic Threatening, Assault in the Third Degree and Possession of a Deadly Weapon During the Commission of a Felony. Pursuant to the plea agreement, a Presentence Investigation was ordered. Due to several aggravating factors including the horrific nature of the offense, the Court sentenced Crow to ten years at Level V suspended after five years for varying lengths of probation. Had Crow gone to trial and been convicted on all of the offenses, he would have faced a substantial period of incarceration. Crow did not appeal his conviction or sentence to the Delaware Supreme Court, instead he filed a Motion for Reduction of Sentence which Superior Court denied. Next, Crow filed the pending 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 26, 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 .