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HANDY v. STATE

No. 183, 2001.

803 A.2d 937 (2002)

Rayfield M. HANDY, Jr., Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: July 24, 2002.

Attorney(s) appearing for the Case

Bernard J. O'Donnell, Esquire and Nicole M. Walker, Esquire (argued), Office of the Public Defender, Wilmington, Delaware, for Appellant.

William M. Kelleher, Esquire, Department of Justice, Wilmington, Delaware, for Appellee.

Before VEASEY, Chief Justice, WALSH, HOLLAND, BERGER and STEELE, Justices, constituting the Court en Banc.

VEASEY, Chief Justice.

In this appeal from the Superior Court we consider whether the State may charge a defendant with multiple counts of first degree arson on the basis that the defendant set a single fire intending to harm multiple victims. We hold that a charge of multiple counts of first degree arson for multiple intended victims based on a single fire constitutes an unconstitutional multiplicity prohibited by the Double...

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