State of Delaware v. Checo.

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
STATE OF DELAWARE, )
)
Plaintiff, )
v. )
)
MARIANO CHECO, ) Cr. ID. No. 9510005876
)
Defendant. )
)
Submitted: December 21, 2015
Decided: January 7, 2016
Upon Commissioner’s Report and Recommendation that Defendant’s Motion for
Postconviction Relief should be Denied.
ADOPTED
ORDER
This 7th day of January, 2016, the Court has considered the
Commissioner’s Report and Recommendation.
On November 17, 2015, Defendant Mariano Checo filed this pro se Motion
for Postconviction Relief. The motion was 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 and conclusions of law.
1
The Commissioner issued the Report and Recommendation on December 8,
2015. The Commissioner recommended that Defendant’s Motion for
Postconviction Relief be denied.
“Within ten days after filing of a Commissioner’s proposed findings of fact
and recommendations . . . any party may serve and file written objections.” 1
Neither party has filed an objection to the Commissioner’s Report and
Recommendation.
The Court holds that the Commissioner’s Report and Recommendation
dated December 8, 2015 should be adopted for the reasons set forth therein. The
Commissioner’s findings are not clearly erroneous, are not contrary to law, and are
not an abuse of discretion.2
THEREFORE, after careful and de novo review of the record in this action,
the Court hereby accepts the Commissioner’s Report and Recommendation in its
entirety. Defendant’s Motion for Postconviction Relief is hereby DENIED.
IT IS SO ORDERED.
/s/ Mary M. Johnston_________
The Honorable Mary M. Johnston
1
Super. Ct. Crim. R. 62(a)(5)(ii).
2
Super. Ct. Crim. R. 62(a)(4)(iv).
2