Benson v. State
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IN THE SUPREME COURT OF THE STATE OF DELAWARE ROBERT BENSON, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. § § § § § § § § § § § No. 142, 2003 Court Below: Superior Court of the State of Delaware in and for New Castle County Cr. I.D. No. 0204003341 Submitted: February 10, 2004 Decided: March 30, 2004 Before BERGER, STEELE and JACOBS, Justices. ORDER This 30th day of March, 2004, on consideration of the briefs of the parties, it appears to the Court that: 1) Robert Benson appeals from his convictions, following a jury trial, of three counts of first degree robbery, three counts of aggravated menacing, six counts of possession of a weapon during the commission of a felony, conspiracy and related charges. Benson argues that the three counts of aggravated menacing and the related three possession counts merged into the three counts of first degree robbery. 2) In Poteat v. State,1 this Court addressed the exact same argument advanced by Benson s codefendant. The State agrees with Benson that Poteat, which holds that the aggravated menacing and related possession charges are merged into the crime of first degree robbery, controls this appeal. NOW, THEREFORE, IT IS ORDERED that the judgments of the Superior Court are REVERSED and this matter is remanded for further proceedings in accordance with the Poteat decision. BY THE COURT: /s/ Carolyn Berger Justice 1 840 A.2d 599 (Del. 2003). 2
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