Submitted: January 2, 2018
Tier 5 Poss (F)
Gregory R. Babowal, Esquire, Deputy Attorney General,
Department of Justice, for the State of Delaware.
L. Swiggett, Pro se.
Jeffrey J Clark Judge.
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:
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.
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.
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
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.
REPORT AND RECOMMENDATION
Defendant's Motion for Postconviction Relief Pursuant to