State of Delaware v. Dixon.

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IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY STATE OF DELAWARE v. JOHN A. DIXON, JR., Defendant. ) ) ) ) ) ) ) ID No. 0503008811 ORDER Upon consideration of the Defendant s Motion for Postconviction Relief, the Commissioner s Report and the record in this case, it appears that: 1. On March 2, 2010, defendant pled guilty to one count of Possession of a Deadly Weapon by a Person Prohibited. Defendant was sentenced to 7 years at level 5, to be suspended after a 5 year minimum mandatory term of incarceration, followed by decreasing levels of probation. Defendant did not take a direct appeal to the Delaware Supreme Court. 2. On March 2, 2011, defendant filed a Motion for Postconviction Relief pursuant to Superior Court Criminal Rule 61. 3. This Motion for Postconviction Relief was referred to a Superior Court Commissioner pursuant to 10 Del. C. §512(b) and Superior Court Criminal Rule 62 for proposed findings of fact and conclusions of law. 4. The Commissioner issued the Report and Recommendation on July 15, 2011 recommending that Defendant s Pro Se Motion for Postconviction Relief be denied. No objections to the Report have been filed. THEREFORE, for the reasons stated in the Commissioner s July 15, 2011 Report and Recommendation that Defendant s Pro Se Motion for Postconviction Relief should be denied, IT IS ORDERED this 12th day of August, 2011that the Commissioner s Report, including its Recommendation, is adopted by the Court. Defendant s Motion for Postconviction Relief is hereby DENIED. /s/ M M Johnston ary . The Honorable Mary M. Johnston 2

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