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State v. Purnell

Superior Court of Delaware, Kent

January 23, 2019

STATE OF DELAWARE
v.
AARON T. PURNELL, Defendant.

          Submitted: January 14, 2019

          RK1 6-08-0323-01 ATT Murder 1st (F) RK1 6-08-0324-01 PFDCF (F)

          ORDER

          Jeffrey J Clark Judge

         On this 23rd day of January, 2019 upon consideration of Aaron Purne11's ("Mr. Purne11") Motion for Postconviction Relief, the Commissioner's Report and Recommendation, and the record in this case, it appears that:

         1. Mr. Purne11 pled guilty on June 19, 2017, the day he was scheduled to go to trial. He had initially rejected the State's plea offer and the jury had been selected. He then pled guilty to one count of Attempted Murder in the First Degree, 11 Del. C. § 531, and one count of Possession of a Firearm During the Commission of a Felony ("PFDCF"), 11 Del. C. § 1447A. In exchange for his plea the State entered nolle prosequis on the remaining counts including three additional counts of Possession of a Firearm During the Commission of a Felony, one count of Possession of a Firearm by a Person Prohibited, one count of Aggravated Menacing, one count of Reckless Endangering in the First Degree, one count of Resisting Arrest with Force, and one count of Theft of a Firearm.

         2. As part of the Plea Agreement the State agreed to recommend a sentence of forty-three years incarceration, suspended for probation after serving twenty-eight years. Due to the nature of the charges and Mr. Purne11's criminal history, he faced enhanced sentencing and a total of life in prison plus 122 years had he been found guilty of all charges. The Court followed the recommended sentence.

          3. On July 19, 2017, Mr. Purne11 filed a Motion for Modification of Sentence through counsel, which the Court denied on September 11, 2017. He did not appeal his conviction or sentence to the Delaware Supreme Court. Mr. Purne11 later filed, pro se, the pending motion for postconviction relief pursuant to Superior Court Criminal Rule 61 alleging, in part, ineffective assistance of counsel.

         4. On October 31, 2018, the Commissioner filed her Report and Recommendation for the denial of Mr. Purne11's Rule 61 Motion. Mr. Purne11 sent his objections to the Report and Recommendation to the State in November 2018. However, the Court did not receive his written objections until January 2, 2019. On that day, the Court accepted a courtesy copy of his objections from the State and directed that they be considered filed. After receiving them, the Court finds that the issues raised in his written objections were raised in his previous filing. The Commissioner's Report and Recommendation correctly recommended denial of his motion.

         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 31, 2018;

         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, Mr. Purne11's Motion for Postconviction Relief pursuant to Superior Court Criminal Rule 61 is hereby DENIED.

         Exhibit A

         October 31, 2018

         COMMISSIONER'S REPORT AND RECOMMENDATION

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

         Stephen R. Welch, Jr., Deputy Attorney General, Department of ...


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