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FRANKLIN v. STATE

No. 664,2002.

855 A.2d 274 (2004)

Mark FRANKLIN, Defendant Below-Appellant, v. STATE of Delaware, Plaintiff Below-Appellee.

Supreme Court of Delaware.

Decided: July 20, 2004.

Attorney(s) appearing for the Case

Sandra W. Dean, Esquire, Office of the Public Defender, Dover, Delaware, for Appellant.

Kim Ayvazian, Esquire, Department of Justice, Georgetown, Delaware, for Appellee.

Before STEELE, Chief Justice, HOLLAND, BERGER, and JACOBS, Justices, and CHANDLER, Chancellor, constituting the Court en Banc.

CHANDLER, Chancellor.

The defendant-appellant, Mark Franklin, was found guilty by a Superior Court jury of three counts of second degree rape. He was sentenced to a total of thirty years of incarceration. This is Franklin's direct appeal of his convictions.

I. BACKGROUND

Mark Franklin was charged with three counts of rape in the second degree, involving two young children who attended his mother's daycare facility. At the time of the alleged rapes...

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