WILLIAMS v. STATE

No. 54, 2001.

796 A.2d 1281 (2002)

Timothy WILLIAMS, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: May 9, 2002.


Attorney(s) appearing for the Case

Bernard J. O'Donnell, Esquire of the Public Defender's Office, Wilmington, Delaware, for Appellant.

John Williams, Esquire of the Department of Justice, Dover, Delaware, for Appellee.

Before VEASEY, Chief Justice, WALSH, and BERGER, Justices.


VEASEY, Chief Justice.

The principal issue before us on this appeal is whether a person may be charged two times with possession of a controlled substance, under the same statute, even though the offenses occurred at the same time, in the same location and with one intended purpose. We hold that this is multiplicitous and violates the constitutional prohibition against double jeopardy. Accordingly, we reverse the defendant...

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