Tier 5 Poss (F)
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.
L. Swiggett, Pro se.
COMMISSIONER'S REPORT AND RECOMMENDATION
M. FREUD, COMMISSIONER.
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.
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.
are the facts as set forth in the affidavit of probable cause
signed by Detective Turner of Dover Police Department:
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.
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 ...