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HOOVER v. STATE

No. 408, 2007.

958 A.2d 816 (2008)

Stephen A. HOOVER, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: October 6, 2008.

Attorney(s) appearing for the Case

Bernard J. O'Donnell, Esquire, Office of the Public Defender, Wilmington, DE, for appellant.

Paul R. Wallace, Esquire, Department of Justice, Wilmington, DE, for appellee.

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

HOLLAND, Justice:

This matter is before the Court as the result of the Superior Court's certification of two questions of law, pursuant to article IV, section 11(8) of the Delaware Constitution1 and Delaware Supreme Court Rule 41. Recent decisions of the Superior Court interpreting section 4176A have conflicted on the statute's constitutionality.2 The defendants in...

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