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State v. Rigby

Superior Court of Delaware

October 25, 2017

STATE OF DELAWARE
v.
ADRIAN B. RIGBY, Defendant.

         In and for Kent County RK14-12-0112-01 Rape 1st < 12(F) RK14-12-0113-01 RK14-12-0114-01 RK15-12-0115-01 Rape 4th < 16(F)

         COMMISSIONER'S REPORT AND RECOMMENDATION

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

          Kathleen A. Dickerson, Deputy Attorney General, Department of Justice, for the State of Delaware.

          Adrian B. Rigby, Pro se.

          Andrea M Freud Commissioner.

         The defendant, Adrian B. Rigby ("Rigby"), pled guilty on March 8, 2016 to one count of Rape in the First Degree, victim under 12 years old, 11 Del. C. § 773, and three counts of Rape Fourth Degree, victim under 16 years old, 11 Del. C. § 770 as lesser included offenses of one count of Rape in the First Degree and two counts of Rape in the Second Degree. In exchange for his plea the State allowed Rigby to plea to lesser included offenses and recommended a sentence of forty years suspended for the minimum mandatory sentence of fifteen years incarceration on the Rape in the First Degree charge and one year incarceration pursuant to 11 Del. C. 4204(k) on each of the Rape in the Fourth Degree charges. Due to the nature of the charges and the age of the victim, Rigby faced enhanced sentencing and a minimum mandatory sentence of twenty-five years incarceration on each Rape in the First Degree charge and the possibility of life imprisonment on each charge. The Court agreed with the State's recommendation and sentenced Rigby to a total of forty-three years incarceration suspended after eighteen years for probation, fifteen of which were minimum mandatory. On June 17, 2016, Rigby filed a Motion for Review of Sentence which the Court denied. Rigby did not appeal his conviction or sentence to the Delaware Supreme Court. He filed, pro se, the pending motion for postconviction pursuant to Superior Court Criminal Rule 61 on July 29, 2016.

         FACTS

         The charges stemmed from two incidents. On November 17, 2014, Rigby was arrested for having intercourse vaginally and digitally penetrating vaginally on two separate occasions the eleven year old daughter of his girlfriend. The abuse came to light when Rigby's girlfriend went into her daughter's room and observed Rigby with his pants down standing over the victim who had her panties pulled down around her feet. The victim and her mother reported the incident to the Delaware State Police. During the interview with the police, the victim explained that on November 16, 2014 (the day her mother discovered the pair) that Rigby had inserted a finger into her vagina and subsequently vaginally penetrated her with his penis. The victim also stated that Rigby had also vaginally penetrated her another time with both his penis and finger and that had occurred between October 1, 2013 and October 31, 2014. An examination of the victim was done at Kent General Hospital which confirmed vaginal injuries.

         RIGBY'S CONTENTIONS

         In Rigby's Motion for Postconviction Relief he raises the following grounds for relief:

Ground one: Rigby claims his counsel was ineffective for allowing him to plead guilty because the plea violated his right against double jeopardy under the multiplicity doctrine.
Ground two: Rigby claims his counsel was ineffective for coercing him ...

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