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State v. Williams
Superior Court of Delaware
October 8, 2019
STATE OF DELAWARE,
ASA WILLIAMS Defendant.
Submitted: September 19, 2019
Defendant, Asa Williams', Motion for Postconviction
Nos. PN17-09-1247, etc.
R. WALLACE, JUDGE.
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.
(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. 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) 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
The first two years of Williams' rape sentence comprise a
minimum term of incarceration that must be imposed and cannot
be suspended. In addition to the terms and conditions of
his sentence, Williams is required, by statute, to register
as a sex offender.
(4) Williams filed no direct appeal from his convictions, but
did previously file an unsuccessful pro se
application for sentence reduction or
(5) In January 2019, Williams filed a timely pro se
Motion for Postconviction Relief under Superior Court
Criminal Rule 61.
(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.
(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.
(8) "Within ten days after filing of a
Commissioner's proposed findings of fact and
recommendations . . . any party may serve and file written
objections."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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