CARTER v. STATE

No. 466,2004.

873 A.2d 1086 (2005)

Dean CARTER, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: May 13, 2005.


Attorney(s) appearing for the Case

Bernard O'Donnell, Esq., (argued), Office of the Public Defender, Wilmington, Delaware, for appellant.

Timothy J. Donovan, Jr., Esq., (argued), Department of Justice, Wilmington, Delaware, for appellee.

Before BERGER, JACOBS, and RIDGELY, Justices.


RIDGELY, Justice.

The defendant-appellant, Dean Carter, appeals from his convictions in the Superior Court of possession of a firearm during the commission of a felony, possession of a weapon and of ammunition by a person prohibited and other drug offenses. Carter urges this Court to reverse his convictions and remand the matter for a new trial upon two grounds. He first argues that the trial court erred by failing to provide the jury with a "mere presence" instruction...

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