Submitted: October 1, 2013
Upon Consideration of Defendant's Motion For Postconviction Relief Pursuant to Superior Court Criminal Rule 61 DENIED
No. RK11-08-0486-01 Rape 4th (F)
Christopher R. Parker, Esq., Deputy Attorney General, Department of Justice, for the State of Delaware.
Roman E. Byler, Pro se.
Robert B. Young J.
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, Roman E. Byler ("Byler"), pled guilty on February 20, 2012, to one count of Rape in the Fourth Degree, 11 Del. C. § 770. In exchange for Byler's plea, the State entered a nolle prosequis on the remaining charge of one count of Endangering the Welfare of a Child. The State agreed to recommend Byler receive eight years at Level V, suspended after two years at Level V, followed by two years at Level III. The plea agreement specified that Byler would be required to register as a Tier III sex offender. The Court agreed to the State's recommendation.
2. The Defendant did not appeal his conviction or sentence to the Delaware Supreme Court; instead he filed, pro se, the pending Motion For Postconviction Relief pursuant to Superior Court Criminal Rule 61. In his motion the defendant raises the following grounds for relief: 1) Ineffective assistance of Counsel; and
2) Prosecutorial misconduct.
3. The Court referred this motion to Superior Court Commissioner Andrea M. Freud pursuant to 10 Del. C. § 512(b) and Superior Court Criminal Rule 62 for proposed findings of facts and conclusions of law.
4.The Commissioner has filed a Report and Recommendation concluding that the Motion For Postconviction Relief should be denied, because it is procedurally barred and meritless.
5. No objections to the Report have been filed.
NOW, THEREFORE, after de novo review of the record in this action, and for reasons stated in the Commissioner's Report and ...