Opinion
IK99-10-0135-R1, IK99-10-0134-R1, IK99-10-0132-R1, ID No. 9909014538
April 9, 2002
ORDER
On this 9th day of April, 2002, 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, Richard Mark Turner ("Turner"), entered a Robinson plea to one count of Reckless Endangering in the First Degree, 11 Del. C. § 604; one count of Assault in the Third Degree, 11 Del. C. § 611; and one count of Resisting Arrest, 11 Del. C. § 1257. Turner was also charged with one count of Unlawful Imprisonment in the Second Degree and one count of Terroristic Threatening which the State nolle prossed.
2. On January 19, 2000, Turner was sentenced to a total of ten and a half years incarceration suspended after serving seven years at Level 5 and one year at the Level 5 Key Program (for a total of eight years at Level 5), for varying levels of probation.
3. The defendant 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.
4. The matter was referred to the Court Commissioner for findings of fact and recommendation pursuant to 10 Del. C. § 512(b) and Superior Court Civil Rule 132. The Commissioner has filed a Report and Recommendation recommending that the Court deny Turner's motion for postconviction relief. 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 March 12, 2002,
IT IS ORDERED that the thoughtful and well-reasoned Commissioner's Report and Recommendation is adopted by the Court and Turner's Motion for Postconviction Relief is denied.