Order Date May 22, 2013
Upon Defendant's Motion for Postconviction Relief Pursuant to Superior Court Criminal Rule 61, RK09-10-039-01 Att. Murder 1st (F) RK09-05-127-01 PDWDCF (F)
R. David Favata, Esq., Deputy Attorney General, Department of Justice, for the State of Delaware.
Charleston S. Williams, Pro se.
On this 22nd day of May, 2013, upon consideration of the Defendant's Motion for Postconviction Relief, the State's Response, the Commissioner's Report and Recommendation, and the record in this case, it appears that:
The Defendant, Charleston Williams, pled guilty on January 31, 2011 to Attempted Murder in the First Degree and Possession of a Deadly Weapon During Commission of a Felony. In exchange for the plea, the State entered a nolle prosequi on the remaining charge of Possession of a Deadly Weapon by a Person Prohibited.
The defendant did not appeal his conviction or sentence to the Delaware Supreme Court and instead filed this Rule 61 motion in which he raises one ground for relief claiming a breach of the plea agreement
The matter was referred to the Court Commissioner for findings of fact and recommendation pursuant to 10 Del. C. § 512(b) and Superior Court Criminal Rule 62. Following a complete review of the record in this matter, Commissioner Freud filed a Report and Recommendation recommending that the Court deny defendant's motion for postconviction relief as procedurally barred by Rule 61(i)(3) and meritless. The Defendant did not appeal the Commissioner's Report and Recommendation.
NOW, WHEREFORE, 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 31, 2013,
IT IS ORDERED that the thoughtful and well-reasoned Commissioner's Report and Recommendation is adopted by the Court and defendant's Motion for Postconviction Relief is denied.
William L. Witham, Jr. Resident Judge
COMMISSIONER'S REPORT AND RECOMMENDATION
Andrea Maybee Freud, Commissioner
The Defendant, Charleston S. Williams ("Williams") pled guilty on January 31, 2011 to Attempted Murder in the First Degree, 11 Del. C. § 531 and one count of Possession of a Deadly Weapon During Commission of a Felony, 11 Del. C. § 1447. He had also been charged with Possession of a Deadly Weapon by a Person Prohibited. The additional charge was nolle prossed by the State in exchange for his plea in this case. The State recommended a sentence of twenty-five years at Level V, suspended after twenty years minimum ...