State of Delaware v. Carter.
Annotate this Case
Download PDF
IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY STATE OF DELAWARE v. RAYVON CARTER, Defendant. ) ) ) ) ) ) ) ID # 0107019703 Date Submitted: April 22, 2002 Date Decided: May 15, 2002 ORDER U PON D EFENDANT S M OTION TO D ISMISS GRANTED Ralph David Wilkinson, IV, Esq., Assistant Public Defender, Wilmington, Delaware, Attorney for Defend ant. Andrew Vella, Esq., Deputy Attorney General, Wilmington, Delaware, Attorney for the State. ALFORD, J. State v. Carter I.D. # 0107019703 May 15, 2002 Page 2 On this 15th day of M ay 2002, upo n conside ration of D efendan t s Motion to Dismiss the Possession of Heroin charge and the record in this case, it appears to the Court that: (1) Defendant had a jury trial on April 11-12, 2002 on the charges of Possession with Intent to Deliver H eroin, Posse ssion of a C ontrolled Su bstance w ithin 300 Fee t of a Park, R ecreation A rea or Place of Wor ship, Loiterin g and R esisting Arre st. (2) Following the trial, the jury convicted Defendant of Possession of Heroin, Possession of Heroin within 300 Feet of a Park and Resisting Arrest. Possession of Heroin is a lesser included offense of Possession with Intent to Deliver Heroin. (3) Defendant now moves this Court to dismiss the conviction for Possession of Heroin as it merges with the conviction of Possession of Heroin within 300 Feet of a Park. T he State does n ot oppo se this m otion. (4) Pursuant to Blockburger v. United States, 284 U.S. 299, 304 (1932), [t]he applicable rule is that, where the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one is whether each provision requires proof of an additional fact which the other does not. Here, each offense does not require an element of proof not required in the other. Thus, Defendant s convictions of Possession of Heroin and Possession of Her oin w ithin 300 Feet of a Park violate D efen dant s rig hts u nder the Dou ble Jeopardy State v. Carter I.D. # 0107019703 May 15, 2002 Page 3 Clause of the United States and Delaware Constitutions. For the aforementioned reasons, Defendant s Motion is GRANTED. The conviction for Possession of Heroin (IN # 01080673) is hereby vacated. IT IS SO ORDERED. ___________________________ ALFORD , J. ORIGINAL: PROTHONOTARY S OFFICE - CRIMINAL DIV.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
