WHITE v. STATE


576 A.2d 1322 (1990)

George E. WHITE, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: June 19, 1990.


Attorney(s) appearing for the Case

Sheryl Rush-Milstead, Wilmington, for appellant.

Richard E. Fairbanks, Jr., Deputy Atty. Gen., Wilmington, for appellee.

Before CHRISTIE, C.J., HORSEY, MOORE, WALSH and HOLLAND, JJ. (constituting the Court ).


MOORE, Justice:

Again we venture into the fen of legal analysis spawned by the Double Jeopardy Clause.1 Today we reconsider whether it violates the constitutional prohibition against double jeopardy for a trial judge at resentencing to increase a defendant's sentence on one count when the defendant's sentence on another, related charge, has been vacated on appeal. When we first addressed this narrow question, we held that a trial judge...

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