FRENCH v. STATE

No. 75, 2011.

38 A.3d 289 (2012)

Lucious FRENCH, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: February 28, 2012.


Attorney(s) appearing for the Case

Nicole M. Walker, Esquire , Office of the Public Defender, Wilmington, Delaware, for Appellant.

Timothy J. Donovan, Jr., Esquire , Department of Justice, Wilmington, Delaware, for Appellee.

Before STEELE, Chief Justice, BERGER, Justice, and NOBLE, Vice Chancellor.


BERGER, Justice:

In this appeal we consider whether the Superior Court properly applied Delaware's habitual offender statute when it imposed an enhanced minimum sentence on a person whose fourth felony was Possession of a Deadly Weapon by a Person Prohibited (PDWBPP). Because the indictment identified a non-violent felony as the crime that made him a "person prohibited," appellant argues that his fourth conviction was not a violent felony. The trial court held otherwise...

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