IN THE SUPERIOR COURT OF THE STATE OF DELAWARE STATE OF DELAWARE : ID No. 2001016205 : v. : : JUAN C. ABRAJAN-COBAXIN, : : Defendant. : Submitted: December 1, 2022 Decided: February 13, 2023 ORDER On this 13th day of February 2023, upon consideration of Defendant Juan C. Abrajan-Cobaxin’s motion for postconviction relief, the Commissioner’s Report and Recommendation, and the record in this case, it appears that: 1. Mr. Abrajan-Cobaxin pled guilty on January 14, 2021, to one count of Rape in the Second Degree, 11 Del. C. § 772. In his plea agreement with the State, he accepted the State’s recommendation that the Court impose a sentence of twenty-five years incarceration suspended after ten years, to be followed by probation. The Court sentenced him consistently with that sentencing recommendation. 2. Mr. Abrajan-Cobaxin then filed a pro se motion for postconviction relief pursuant to Superior Court Criminal Rule 61, and a motion seeking appointment of postconviction counsel. The Court denied his motion for appointment of counsel. 3. The Court then referred the matter to a Superior Court commissioner for findings of fact and recommendations pursuant to 10 Del. C. § 512(b) and Superior Court Criminal Rule 62. She issued her findings and recommendations in the Report attached and incorporated as Exhibit A. In her Report, she explained why Mr. Abrajan-Cobaxin failed to demonstrate that his counsel performed ineffectively before or during his guilty plea and sentencing. To the contrary, she recognized that his trial counsel acted appropriately in all respects. As a result, she recommended that the Court deny Mr. Abrajan-Cobaxin’s motion for postconviction relief. 4. After she issued her Report, neither party filed written objections as permitted by Superior Court Criminal Rule 62(a)(5)(ii). Accordingly, her report and its recommendations are accepted as final. 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 November 4, 2022: IT IS HEREBY ORDERED that the Court adopts the Commissioner’s Report and Recommendation attached as Exhibit A in its entirety. Mr. Abrajan- Cobaxin’s motion for postconviction relief filed pursuant to Superior Court Criminal Rule 61 is DENIED. /s/Jeffrey J Clark Resident Judge JJC/klc oc: Prothonotary cc: The Honorable Andrea M. Freud Stephen R Welch, Jr., DAG Juan Abrajan-Cobaxin, Pro Se Trial Counsel Exhibit A IN THE SUPERIOR COURT OF THE STATE OF DELAWARE STATE OF DELAWARE : I.D. No. 2001016205 : In and For Kent County v. : : : JUAN C. ABRAJAN-COBAXIN, : RK-20-020001-01 RAPE 2ND WITHOUT SBI # 00638204 : CONSENT (F) : Defendant. COMMISSIONER’S REPORT AND RECOMMENDATION Upon Defendant’s Motion For Postconviction Relief Pursuant To Superior Court Criminal Rule 61 Alicia Porter, Esq., Department of Justice for State of Delaware Juan C. Abrajan-Cobaxin, pro se FREUD, Commissioner November 04, 2022 The defendant, Juan C. Abrajan-Cobaxin (“Abrajan-Cobaxin”) pled guilty on January 14, 2021, to one count of Rape in the Second Degree without Consent, 11 Del.C. § 0772. He was also charged with one count …
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