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State v. Swiggett

Superior Court of Delaware, Kent

October 19, 2017

STATE OF DELAWARE
v.
DARRIN L. SWIGGETT Defendant.

         RK16-03-0518-01 Tier 5 Poss (F)

         Upon Defendant's Motion for Postconviction Relief Pursuant to Superior Court Criminal Rule 61

          Gregory R. Babowal, Esquire, Deputy Attorney General, Department of Justice, for the State of Delaware.

          Darrin L. Swiggett, Pro se.

          COMMISSIONER'S REPORT AND RECOMMENDATION

          ANDREA M. FREUD, COMMISSIONER.

         The defendant, Darrin L. Swiggett ("Swiggett"), pled guilty on August 11, 2016 to one count of Aggravated Possession of Heroin, 16 Del. C. § 4752(3). He was also facing one count of Drug Dealing Tier 4, one count of Possession of Firearm Ammunition by a Person Prohibited after Drug Conviction; one count of Drug Dealing, one count of Possession of Marijuana and one count of Possession of Drug Paraphernalia. Nolle prosequis were entered by the State on the additional charges in exchange for Swiggett's plea. The parties agreed to a recommended sentence of twenty-five years at Level V, suspended after serving two years minimum mandatory for probation. The Court agreed with the recommendation and sentenced Swiggett accordingly. Had he gone to trial and been found guilty of all charges Swiggett faced substantial jail time.

         Swiggett did not appeal his conviction or sentence to the Delaware Supreme Court. On September 8, 2016 he filed, pro se, a motion for postconviction relief pursuant to Superior Court Criminal Rule 61. Also on September 8, 2016 Swiggett filed a pro se Motion for Modification of Sentence, which was denied September 13, 2016.

         FACTS

         Following are the facts as set forth in the affidavit of probable cause signed by Detective Turner of Dover Police Department:

         The charges stemmed from a drug surveillance at the First State Inn in Dover, Delaware on March 10, 2016. Detective Turner observed a male standing by a fence near the hotel and then saw Swiggett leave a hotel room and meet with the male behind the hotel. Detective Turner observed what seemed to be a hand to hand drug transaction, then Swiggett returned to the hotel room. The other male entered a vehicle and drove away from the hotel. A traffic stop was conducted on the vehicle, which was being operated by the male from the hotel, Wayne Adkins ("Adkins"), who was alone. Adkins was in possession of 78 heroin bags stamped "Black Tiger." Adkins was transported to Dover Police Department where he was interviewed and admitted to purchasing 78 bags of heroin for $300 from a male he knew as "Swig." A photograph of Darrin Swiggett was shown to Adkins, which he identified as the man he knew as Swig. Dover Police Department obtained a search warrant for the hotel room in which Swiggett was seen exiting and entering. 6, 396 bags of heroin were recovered inside blue cellophane bags, which were located in the refrigerator labeled "Black Tiger" and "Turbo" along with 1.7 grams of marijuana. Police also recovered thirteen rounds of .357 Magnum Ammunition and 17 rounds of Luger 9mm Ammunition. Swiggett is a convicted felon and is prohibited from possessing ammunition.

         SWIGGETT'S CONTENTIONS

         In his motion and accompanying memorandum Swiggett raises the following grounds for relief:

Ground one: ID NO#: 1603001458. Indictment by Grand Jury doesn't correspond with -Exhibit A of the police report, complaint number - 5016007400 -Arrest number 002646A W5.
* (Movant on or about 8th day of March, 2016 in the County of Kent, State of Delaware, did knowingly possess with the intent to deliver ...

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