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STATE v. PARSON

509 A.2d 90 (1986)

STATE of Delaware, v. St. Clair Oscar PARSON, Jr. and Andre Urquhart, Defendants.

Superior Court of Delaware, New Castle County.

Decided: April 3, 1986.

Attorney(s) appearing for the Case

Mark W. Bunitsky, Deputy Atty. Gen., Dept. of Justice, Wilmington, for State.

Sidney Balick, Wilmington, Atty., for defendant Parson.

Joseph M. Bernstein, Wilmington, Atty., for defendant Urquhart.

MARTIN, Judge.

Before the Court is the issue of whether it is for the State or the Court to elect under which of two criminal statutes St. Clair Oscar Parson, Jr. and Andre Urquhart ("defendants") will be sentenced. Convictions were obtained by the State against the defendants pursuant to two criminal statutes, both of which proscribe the manufacture and delivery of identified controlled substances and differ, in terms of the conduct prohibited, only in that one refers...

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