Winn v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE HILLARD M. WINN, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. Submitted: Decided: § § § § § § § § § § § No. 34, 2007 Court Below Superior Court of the State of Delaware, in and for New Castle County Cr. ID 0607008082 February 22, 2008 May 6, 2008 Before HOLLAND, JACOBS, and RIDGELY, Justices. ORDER This 6th day of May 2008, the Court has considered the parties briefs and the record on appeal. The State concedes that appellant s guilty plea to the charge of criminal solicitation third degree must be vacated because the information was fatally defective for not alleging territorial jurisdiction.* NOW, THEREFORE, IT IS ORDERED that this matter is hereby REMANDED to the Superior Court with instructions to vacate appellant s guilty plea. Jurisdiction is not retained. BY THE COURT: /s/ Jack B. Jacobs Justice * See Downer v. State, 543 A.2d 309, 311 (Del. 1988) (holding that a guilty plea does not waive claims of jurisdictional defects).

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