Opinion
Case No. 9807015405.
July 27, 2000.
Criminal Action Nos. S98-07-0598 Trafficking Cocaine S98-07-0599, Possession with intent to deliver cocaine, DOB: 2/17/50, SBI: 00394052.
ORDER
On this 27th day of July, 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. On May 18, 1999, the defendant, Andrew Miller, entered into a Rule 11(e)(1)(c) plea agreement and admitted he committed the crimes of trafficking in cocaine and possession with intent to deliver cocaine. The Court accepted the plea agreement and sentenced the defendant five years incarceration on the charge of trafficking in cocaine and three years incarceration on the charge of possession with intent to deliver cocaine, followed by varying levels of probation. No appeal was filed with the Delaware Supreme Court. Instead, Miller filed the pending Motion for Postconviction Relief pursuant to Superior Court Criminal Rule 61.
2. The Court referred this motion to Superior Court Commissioner Alicia B. Howard pursuant to 10 Del. C. § 512 (b) and Superior Court Criminal Rule 62 for proposed findings of fact and conclusions of law. The Commissioner has filed a Proposed Findings of Fact and Recommendations concluding that defendant is not entitled to withdraw his guilty pleas and that the Court deny his Rule 61 motion. 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 July 6, 2000,
IT IS ORDERED that:
(a) The well-reasoned Commissioner's Proposed Findings of Fact and Recommendations is adopted by the Court;
(b) The defendant's Motion for Postconviction Relief is Denied. _________________________ Richard F. Stokes, Judge.
cc: Prothonotary's Office. Honorable Alicia B. Howard. Edward C. Gill, Esquire. Stephanie A. Tsantes, Esquire.