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STATE v. CABRERA

Criminal Action Nos. IN-03-08-1214, IN-03-08-1215, IN-03-08-1216, IN-03-08-2292.

891 A.2d 1066 (2005)

STATE of Delaware v. Jose CABRERA, Defendant.

Superior Court of Delaware, New Castle County.

Decided: October 19, 2005.

Attorney(s) appearing for the Case

Mark B. Chernev, Esquire, Deputy Attorney General, Wilmington, Delaware, attorney for State of Delaware.

Michael C. Heyden, Esquire, Wilmington, Delaware, attorney for defendant.

HERLIHY, Judge.

Defendant Jose Cabrera has moved to withdraw his guilty pleas. He pled guilty on February 12, 2004 to four counts of unlawful sexual conduct second degree. Several weeks later, and before sentencing, he moved to withdraw his pleas. The primary basis is that he claims he was sleepwalking at the time of the incidents for which he was charged and would, therefore, lack the requisite mental state to perform an...

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