Masarone v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE GERALD MASARONE, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 238, 2011 Court Below Superior Court of the State of Delaware, in and for Sussex County Cr. ID 1007010404 Submitted: November 14, 2011 Decided: November 21, 2011 Before HOLLAND, BERGER and JACOBS, Justices. ORDER This 21st day of November 2011, the Court has considered the State s motion to vacate the appellant s conviction and remand this matter to the Superior Court for a new suppression hearing and, if necessary, trial. The appellant does not oppose the State s motion. NOW, THEREFORE, IT IS ORDERED that the State s motion is GRANTED. The judgment of the Superior Court is hereby VACATED, and this matter is REMANDED for a new suppression hearing and trial. Jurisdiction is not retained. That mandate shall issue forthwith. BY THE COURT: /s/ Jack B. Jacobs

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