State v. Ortiz

Full title: STATE OF DELAWARE, Plaintiff, v. ANGEL ORTIZ, Defendant.

Court: SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY

Date published: Nov 2, 2015

Cr. ID. No. 1209016860 (Del. Super. Ct. Nov. 2, 2015)

Opinion

Cr. ID. No. 1209016860

11-02-2015

STATE OF DELAWARE, Plaintiff, v. ANGEL ORTIZ, Defendant.

The Honorable Mary M. Johnston

Upon Commissioner's Report and Recommendation that Defendant's Motion for Postconviction Relief should be Denied.

ADOPTED

ORDER

This 2^nd day of November, 2015, the Court has considered the Commissioner's Report and Recommendation.

On July 6, 2015, Defendant Angel Ortiz filed this pro se Motion for Postconviction Relief. The motion was referred to a Superior Court Commissioner in accordance with 10 Del. C. § 512(b) and Superior Court Criminal Rule 62 for proposed findings of fact and conclusions of law.

The Commissioner issued the Report and Recommendation on September 24, 2015. The Commissioner recommended that Defendant's Motion for Postconviction Relief be denied.

"Within ten days after filing of a Commissioner's proposed findings of fact and recommendations . . . any party may serve and file written objections."¹ Neither party has filed an objection to the Commissioner's Report and Recommendation.

1 Super. Ct. Crim. R. 62(a)(5)(ii).

The Court holds that the Commissioner's Report and Recommendation dated September 24, 2015 should be adopted for the reasons set forth therein. The Commissioner's findings are not clearly erroneous, are not contrary to law, and are not an abuse of discretion.²

2 Super. Ct. Crim. R. 62(a)(4)(iv). --------

THEREFORE, after careful and de novo review of the record in this action, the Court hereby accepts the Commissioner's Report and Recommendation in its entirety. Defendant's Motion for Postconviction Relief is hereby DENIED.

IT IS SO ORDERED.

/s/ Mary M. Johnston

The Honorable Mary M. Johnston