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State v. Sudler

Superior Court of Delaware, Kent

November 20, 2019

STATE OF DELAWARE
v.
CHRISTOPHER SUDLER, Defendant.

          Submitted: November 1, 2019

         RK17-08-0085-01 DDeal AF (F)

          ORDER

         On this 20th day of November, after considering Christopher Sudler ("Mr. Sudler")'s motion for postconviction relief, the Commissioner's Report and Recommendation, and the record in this case, it appears that:

1. On April 27, 2018, Mr. Sudler pled guilty to one count of Drug Dealing with an Aggravating Factor, 16 Del. C. § 4753(2). He pled on the day of his scheduled suppression hearing. He faced the following charges: one count of Possession of a Firearm During the Commission of a Felony; one count of Possession of Ammunition by a Person Prohibited; one count of Possession of a Deadly Weapon and Illegal Drug; one count of Possession of a Firearm by a Person Prohibited; one count of Gang Participation; one count of Resisting Arrest; one count of Possession of Drug Paraphernalia; and one count of Possession of Marijuana. The State entered a nolle prosequi on the later charges in exchange for his plea. As part of the plea agreement, the State also agreed to request dismissal of Mr. Sudler's pending violations of probation in Kent and New Castle Counties.
2. The parties jointly recommended a sentence of fifteen years incarceration, suspended after six years, followed by probation. The Court agreed and sentenced Mr.
Sudler accordingly.
3. Mr. Sudler did not appeal his conviction or sentence to the Delaware Supreme Court. Instead, his counsel filed a motion for correction of sentence on May 14, 2018. The Court granted the motion on June 11, 2018. In doing so, it provided him the credit time he was due.
4. Mr. Sudler then filed a pro se motion for a reduction of sentence on January 31, 2019. The Court denied it as untimely. On March 6, 2019, Mr. Sudler next filed the pending motion for postconviction relief pursuant to Superior Court Criminal Rule 61. He alleged, in part, ineffective assistance of counsel. He also alleged that his plea was not knowing and voluntary.
5. After considering the parties' positions and the record, the Commissioner denied Mr. Sudler's motion. Mr. Sudler did not file exceptions to her Report and Recommendation.

         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 18, 2019;

         IT IS HEREBY ORDERED that the Commissioner's Report and Recommendation attached as Exhibit "A", is adopted in its entirety. Accordingly, Mr. Sudler's motion for postconviction relief pursuant to Superior Court Criminal Rule 61 is DENIED.

         Exhibit A

         FREUD, Commissioner October 18, 2019

         Jason C. Cohee, Esq., Deputy Attorney General, Department of Justice, for the State of Delaware.

         Christopher Sudler, Pro se.

         COMMISSIONER'S REPORT AND RECOMMENDATION

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

         The defendant, Christopher Sudler ("Sudler"), pled guilty on April 27, 2018 on the day his matter was set for a suppression hearing and trial to one count of Drug Dealing with an Aggravating Factor, 16 Del. C. § 4753(2). He also faced one count of Possession of a Firearm During the Commission of a Felony, one count of Possession of Ammunition by a Person Prohibited, one count of Possession of a Deadly Weapon and Illegal Drug, one count of Possession of a Firearm by a Person Prohibited, one count of Gang Participation, one count of Resisting Arrest, one count of Possession of Drug Paraphernalia and one count of Possession of Marijuana which were nolle prossed by the State in exchange for Sudler's plea. As part of the plea deal the State agreed to drop all of Sudler's pending Violation of Probation allegations in Kent and/or New Castle County. The State and Defense recommended a sentence of fifteen years incarceration, suspended after serving six years, followed by probation. The Court agreed with the sentence recommendation and sentenced Sudler accordingly. Had Sudler gone to trial and been found guilty as charged he faced substantial time in prison. Sudler did not appeal his conviction or sentence to the State Supreme Court. Instead, Sudler's counsel filed a Motion for Correction of Sentence on May 14, 2018 which this Court granted on June 11, 2018 and reset the effective date ...


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