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State v. Hughes

Superior Court of Delaware, Kent

September 18, 2018

STATE OF DELAWARE
v.
ANTONIO HUGHES, Defendant.

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

          Submitted: August 22, 2018

          ORDER

          JEFFREY J. CLARK, JUDGE

         Upon consideration of Defendant Antonio Hughes ("Mr. Hughes") Motion for Postconviction Relief, the Commissioner's Report and Recommendation (the "Report"), Mr. Hughes appeal, the State's response and the record in this case, it appears that:

         1. The defendant, Antonio Hughes ("Hughes"), pled guilty on October 25, 2016 to one count of Child Abuse in the Second Degree, 11 Del. C. § 1103, and one count of Endangering the Welfare of a Child, 11 Del. C. § 1102.

         2. In exchange for the plea, the State entered a nolle prosequi for the remaining count of Assault in the Second Degree. As part of the plea the parties recommended that Hughes be immediately sentenced to a total of three years incarceration suspended after ninety days followed by one year of probation.

         2. The Court agreed with the recommendation and sentenced Hughes accordingly and gave him credit for time served. The charges involved Hughes causing physical harm to his three year old son.

         3. Hughes did not appeal his conviction or sentence to the Delaware Supreme Court. Instead he filed, pro se, the instant motion for postconviction relief pursuant to Superior Court Criminal Rule 61 on August 28, 2017.

         4. After briefing, the Commissioner considered Mr. Hughes Rule 61 motion. In her Report, she recommended that the Court deny it. The Court has reviewed the Report, the record, and has also considered Mr. Hughes appeal challenging the Report. His appeal raises no new issues.

         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 June 29, 2018;

         IT IS HEREBY ORDERED that the Commissioner's Report and Recommendation attached as Exhibit "A" is adopted by the Court in its entirety. Accordingly, Mr. Hughes Motion for Postconviction Relief pursuant to Superior Court Criminal Rule 61 is DENIED.

         Exhibit A

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

         COMMISSIONER'S REPORT ...


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