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SMITH v. STATE

451 A.2d 837 (1982)

Leroy L. SMITH, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: October 12, 1982.

Attorney(s) appearing for the Case

Thomas Little, New Castle County Public Defender (argued), Wilmington, for defendant below, appellant.

Kathleen Molyneux, Deputy Atty. Gen. (argued), Wilmington, for plaintiff below, appellee.

Before HERRMANN, C.J., McNEILLY and MOORE, JJ.

McNEILLY, Justice:

On June 16, 1980, the defendant, appearing with counsel, entered pleas of guilty to Rape First Degree and Kidnapping Second Degree. Under the plea agreement entered into by the defendant and the State at that time, the State agreed to nolle prosse a second charge of Kidnapping First Degree then pending against the defendant in Superior Court, and not pursue any habitual offender motion. Prior to entering...

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