Lenoir v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE JOHN G. LENOIR, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. § § § § § § § § § § § No. 58, 2002 Court Below: Superior Court of the State of Delaware in and for New Castle County Cr. A. Nos. IN00-05-1297 IN00-05-1769 IN00-05-1299 IN00-05-1300 Submitted: December 12, 2002 Decided: December 23, 2002 Before VEASEY, Chief Justice, WALSH, HOLLAND, BERGER and STEELE, Justices, constituting the Court en Banc. ORDER (1) On October 16, 2002, appellant filed a motion for reargument en Banc, pursuant to Supreme Court Rule 4(f), of this Court s Order dated October 1, 2002. (2) On October 25, 2002, at the request of the Court the appellee filed an answer to the motion for reargument en Banc. (3) By Order dated November 4, 2002, the parties were notified that the motion for reargument en Banc was granted in part in that this matter would be scheduled for decision on briefs before the Court en Banc. (4) After consideration by the Court en Banc, the Court has determined that the panel decision should stand. NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court should be affirmed on the basis of and for the reasons set forth in its decision dated January 9, 2002. The mandate shall issue immediately. BY THE COURT: /s/ E. Norman Veasey Chief Justice -2-

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