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DIAZ v. STATE

508 A.2d 861 (1986)

Rafael DIAZ, Defendant-Appellant, v. STATE of Delaware, Plaintiff-Appellee.

Supreme Court of Delaware.

Decided: April 14, 1986.

Rehearing Denied: May 27, 1986.

Attorney(s) appearing for the Case

David J. Facciolo (argued), Office of the Public Defender, Wilmington, for defendant-appellant.

Timothy J. Donovan, Jr. (argued) and Loren C. Meyers (argued), Dept. of Justice, Wilmington, for plaintiff-appellee.

Before McNEILLY, MOORE and WALSH, JJ.

McNEILLY, Justice:

On July 7, 1980, Norma Jean Gelsinger was killed by a rifle blast. The defendant, Rafael Diaz, was charged with first degree murder and possession of a deadly weapon during the commission of a felony. A jury convicted him of the lesser included offense of second degree murder and possession of a deadly weapon during the commission of a felony. He was sentenced to thirty years incarceration for the weapons...

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