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State v. Williams

Superior Court of Delaware

October 8, 2019

STATE OF DELAWARE,
v.
ASA WILLIAMS Defendant.

          Submitted: September 19, 2019

         Upon Defendant, Asa Williams', Motion for Postconviction Relief, DENIED.

         Cr. A. Nos. PN17-09-1247, etc.

          ORDER

          PAUL R. WALLACE, JUDGE.

         This 8th day of October, 2019, upon consideration of the Defendant Asa Williams' Pro Se Motion for Postconviction Relief (D.I. 18), the Commissioner's Report and Recommendation that that postconviction motion should be DENIED (D.I. 34), and the record in this case, it appears to the Court that:

(1) On November 27, 2017, a New Castle County grand jury indicted Williams for 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.[1]
(2) On May 16, 2018, Williams entered a Robinson plea 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.[2] He did so in exchange for dismissal of the remaining charges and joined with the State in a favorable sentencing recommendation (a total of three years unsuspended imprisonment with other terms).[3]
(3) Williams was immediately sentenced as follows: (a) for Rape Third Degree (PN17-09-1247) - 25 years at Level V, suspended after three years for two years at Level III probation; (b) for Resisting Arrest (IN17-09-1253) - one year at Level V, suspended for one year at Level III; and (c) for Unlawful Imprisonment Second Degree (IN17-09-1448) - one year at Level V, suspended for one year at Level III.[4] The first two years of Williams' rape sentence comprise a minimum term of incarceration that must be imposed and cannot be suspended.[5] In addition to the terms and conditions of his sentence, Williams is required, by statute, to register as a sex offender.[6]
(4) Williams filed no direct appeal from his convictions, but did previously file an unsuccessful pro se application for sentence reduction or modification.[7]
(5) In January 2019, Williams filed a timely pro se Motion for Postconviction Relief under Superior Court Criminal Rule 61.[8]
(6) That motion was, after expansion of the record, referred to a Superior Court Commissioner in accordance with 10 Del. C. § 512(b) and Superior Court Criminal Rule 62 for proposed findings of fact, conclusions of law, and recommendations for its disposition.[9]
(7) Commissioner Lynne M. Parker filed her Report and Recommendation on September 19, 2019. The Commissioner recommended that Williams' Motion for Postconviction Relief be denied.[10]
(8) "Within ten days after filing of a Commissioner's proposed findings of fact and recommendations . . . any party may serve and file written objections."[11]Neither Williams nor the State invoked Criminal Rule 62(a)(5)(ii) to file any "objections" to the Commissioner's Report.
(9) The Court accepts, in whole, the findings of fact and recommendations made by ...

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