Submitted: August 30, 2019
REPORT AND RECOMMENDATION THAT DEFENDANT'S MOTION FOR
POSTCONVICTION RELIEF SHOULD BE DENIED.
R. Milecki, Esquire, Deputy Attorney General, Department of
Justice, Wilmington, Delaware, Attorney for the State.
Williams, Howard R. Young Correctional Institution,
Wilmington, Delaware, pro se.
M. Margules, Esquire
M. PARKER, COMMISSIONER
19th day of September 2019, upon consideration of
Defendant's Motion for Postconviction Relief, it appears
to the Court that:
AND PROCEDURAL HISTORY
November 27, 2017, a New Castle County grand jury indicted
Asa Williams on two counts of Rape in the First Degree, and
one count each of Unlawful Imprisonment in the Second Degree,
Terroristic Threatening, Malicious Interference with
Emergency Communications and Resisting Arrest. Williams faced
a minimum-mandatory sentence of 15 years of incarceration and
a maximum sentence of life in prison for each of the rape
May 16, 2018, Williams entered into a Robinson plea
thereby pleading guilty to one count of Rape in the Third
Degree (as a lesser-included offense), one count of Resisting
Arrest, and one count of Unlawful Imprisonment in the Second
Degree. As part of the plea agreement, the parties agreed to
jointly recommend a 2 5-year prison sentence, suspended after
three years (of which the first two years was a
minimum-mandatory sentence), followed by decreasing levels of
probation. In addition, as part of the plea, the State agreed
to dismiss all the remaining charges of the
Plea Agreement expressly provided that Williams would be
required to register as a Tier III Sex
Williams was immediately sentenced to a 25-year prison
sentence, suspended after three years, for decreasing levels
of probation. At the time of sentencing, the Superior Court
expressly stated that Williams was required to register as a
Tier III sex offender. The Sentencing Order likewise expressly
included this requirement.
Williams did not file a direct appeal from his convictions or
sentence to the Delaware Supreme Court.
June 27, 2018, Williams filed a motion for sentence reduction
or modification. The Superior Court denied the motion on
October 16, 2018. The Superior Court reasoned that following
a thorough review of the merits of Williams' request, the
original sentence was appropriate for the reasons stated at
the time it was rendered.
RULE 61 MOTION
January 25, 2019, Williams filed the subject Rule 61 motion.
In the subject motion, Williams raised claims attacking the
factual basis for the charges and his plea. Williams also
raised an ineffective assistance of counsel claim contending
that his counsel coaxed and/or coerced him into entering into
his plea and that he was not informed that he would have to
register as a Tier III sex offender.
record was enlarged and Williams' trial counsel was
directed to submit an Affidavit responding to Williams'
ineffective assistance of counsel claims. Thereafter, the
State filed a response to the motion. Williams was given the
opportunity to file a reply thereto.
After briefing was completed, this motion was referred to the
undersigned Commissioner to assist in the resolution of the
Claims Challenging the Factual Basis for the Charges
Williams' claims challenging the factual basis for the
charges and his plea were waived upon the entry of his plea.
These claims are also procedurally barred and are also
is well settled that a knowing and voluntary guilty plea
waives a defendant's right to challenge any errors,
deficiencies or defects occurring before the entry of the
the subject action, the Truth-in-Sentencing Guilty Plea Form,
Plea Agreement and plea colloquy reveal that Williams
knowingly, voluntarily and intelligently entered a
Robinson plea. A Robinson plea operates as
a guilty plea.
Prior to the entry of Williams' plea, the State set forth
the factual basis for the charges and the plea. Specifically,
the State advised that on the date and time stated in the
indictment, Williams had invited an associate, someone he had
met before, the victim in this case, over to have consensual
sexual intercourse, which they had had on a previous
some point during the consensual intercourse, the victim
indicated to Williams that she no longer wanted to engage in
that conduct, at which time Williams became upset. He struck
her with a belt, bite her on the arm, causing injury, and
placed his hands around her neck, and then forced her to
continue to engage in sexual contact, including sexual
penetration, without her consent and against her
During that altercation, the victim made several attempts to
leave the apartment, but Williams prevented her from doing
so. Finally, when the police were contacted
by the victim, they did arrive, and in the process of
attempting to arrest Williams, he resisted
the time of the plea, the State represented that Williams was
being permitted to enter into a Robinson plea, in
which he would be deemed guilty but would not have to admit
his guilt,  because when the police arrived Williams
was so intoxicated it took several minutes and ambulance
crews to revive him. ...