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WEBER v. STATE

No. 23, 2011.

38 A.3d 271 (2012)

Paul E. WEBER, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: February 21, 2012.

Attorney(s) appearing for the Case

Leo John Rammuno , Wilmington, Delaware, for appellant.

James T. Wakley (argued) and Morgan T. Zurn , Department of Justice, Wilmington, Delaware, for appellee.

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

STEELE, Chief Justice:

On remand, the State retried Paul Weber for Attempted Robbery First Degree and the jury convicted him. The trial judge sentenced Weber to 25 years at level V. Weber appeals his conviction and sentence, arguing the following: (1) the trial judge erroneously denied him a missing evidence instruction; (2) Sergeant Hawk's out of court identification procedure was impermissibly suggestive and unreliable; (3) the trial judge abused his discretion...

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