State v. LaCombe ( 2024 )


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  •         IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
    STATE OF DELAWARE,                        )
    )
    v.                                )         ID No.       1201018188
    )
    CLAUDE LACOMBE,                           )
    )
    Defendant.                        )
    Submitted: September 12, 2024
    Decided: September 18, 2024
    ORDER
    1. On this 18th day of September, 2024, upon consideration of the Superior
    Court Commissioner’s Report and Recommendations,1 Defendant Claude
    LaCombe’s (“Defendant”) pro se Motion for Postconviction Relief and Motion for
    Correction of an Illegal Sentence (collectively, the “Motions”)2 made pursuant to
    Superior Court Criminal Rule 61, and the record in this case, it appears to the Court
    that:
    2. On May 10, 2024, Defendant filed the instant Motion for Postconviction
    Relief. 3 Also on May 10, 2024, Defendant filed the instant Motion for Correction
    of an Illegal Sentence. 4 The Motions were referred to the Commissioner pursuant
    to 10 Del. C. § 512(b) and Rule 62 for proposed findings of fact and conclusions of
    1
    D.I. 144.
    2
    D.I.s 138, 139.
    3
    D.I. 138.
    4
    D.I. 139.
    law. On August 29, 2024, the Commissioner issued a Report and Recommendation
    in which she recommended that the Court summarily dismiss Defendant’s Motion
    for Postconviction Relief as procedurally barred and deny the Motion for Correction
    of an Illegal Sentence. 5
    3. A party can file and serve written objections to a Commissioner’s order
    “[w]ithin ten days after filing of a Commissioner’s proposed findings of fact and
    recommendations.” 6 Neither party filed and served an objection on or before
    September 12, 2024, ten days after the Commissioner filed her Report and
    Recommendations.
    4. The Court adopts the Commissioner’s Report and Recommendations in
    their entirety for the reasons set forth therein. The Commissioner’s findings are not
    clearly erroneous, contrary to law, or an abuse of discretion.7 Accordingly, the
    Motions are hereby DENIED.
    IT IS SO ORDERED.
    ______________________________
    Sheldon K. Rennie, Judge
    Original to Prothonotary
    cc:    Claude LaCombe (SBI #00552189)
    5
    D.I. 144.
    6
    Super. Ct. Crim. R. 62(a)(5)(ii).
    7
    Super. Ct. Crim. R. 62(a)(4)(iv).
    2
    

Document Info

Docket Number: 1201018188

Judges: Rennie J.

Filed Date: 9/18/2024

Precedential Status: Precedential

Modified Date: 9/18/2024