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PARKER v. STATE

No. 80, 2009.

981 A.2d 551 (2009)

Michael PARKER, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: September 28, 2009.

Attorney(s) appearing for the Case

Bernard J. O'Donnell, Office of Public Defender, Wilmington, Delaware, for appellant.

James T. Wakley and Kevin M. Carroll, Department of Justice, Wilmington, Delaware, for appellee.

Before STEELE, Chief Justice, HOLLAND and BERGER, Justices.

STEELE, Chief Justice.

The Defendant, Michael Parker, appeals from a Superior Court judgment of conviction of Second-Degree Robbery.1 Parker contends and the State concedes that the trial judge erred when he refused to instruct the jury on offensive touching as a lesser-included offense of second-degree robbery, an instruction the defense requested. Because our case law makes it clear that offensive touching is a lesser-included offense...

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