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State v. Kinzer

Superior Court of Delaware, Sussex

December 2, 2014

State of Delaware
v.
Warren Kinzer,

SUBMITTED: November 19, 2014

RICHARD F. STOKES JUDGE

Dear Mr. Kinzer

Defendant Warren Kinzer ("defendant") filed a motion for postconviction relief on August 13, 2014, pursuant to Superior Court Criminal Rule 61 ("Rule 61").[1] This is my decision denying the motion.

In April, 2013, defendant was arrested on a count of continuous sexual abuse of a child and 21 counts of sexual abuse of a child by a person of trust in the second degree.

On November 8, 2013, defendant entered into a guilty plea to the charge of continuous sexual abuse of a child and one count of sexual abuse of a child by a person of trust in the second degree.

By signing the Truth-in-Sentencing Form ("TIS Form"), defendant affirmed the following facts:

*He was freely and voluntarily pleading guilty;

*He was not threatened or forced into pleading guilty;

*He had not been promised anything that was not stated in his written plea agreement;

*He understood he was waiving his Constitutional trial rights;

*He understood the potential prison sentence;

*He was satisfied with his trial counsel's representation of him;

*He understood all of the information contained in the forms; and

*His answers were truthful.

Defendant confirmed all of these facts during the guilty plea colloquy. Specifically, he ...


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