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State v. Swiggett

Superior Court of Delaware

January 10, 2018

STATE OF DELAWARE
v.
DARRTN L. SWIGGETT, Defendant.

          Submitted: January 2, 2018

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

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

          Darrin L. Swiggett, Pro se.

          ORDER

          Jeffrey J Clark Judge.

         On this 10th day of January, 2018 upon consideration of Darrin Swiggett's ("Swiggett") Motion for Postconviction Relief, the Commissioner's Report and Recommendation, and the record in this case, it appears that:

         1. The defendant 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 for probation after serving the two year minimum mandatory sentence. The Court agreed with the parties' sentencing recommendation and sentenced Swiggett accordingly.

         2. 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.

         3. On October 19, 2017, the Commissioner filed her Report and Recommendation for the denial of Swiggett's Rule 61 Motion. Swiggett filed no exceptions to the Report and Recommendation.

         NOW, THEREFORE, after a de novo review of the record in this matter, and for the reasons stated in the Commissioner's Report and Recommendation dated October 19, 2017, IT IS HEREBY ORDERED that the Commissioner's Report and Recommendation attached as Exhibit "A", is hereby adopted by the Court in its entirety. Accordingly, Swiggett's Motion for Postconviction Relief pursuant to Superior Court Criminal Rule 61 is hereby DENIED.

         EXHIBIT A

         COMMISSIONER'S REPORT AND RECOMMENDATION

         Upon Defendant's Motion for Postconviction Relief Pursuant to ...


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