Delaware v. Laboy
Annotate this CaseDefendant-appellee Andy Laboy was arrested and indicted on charges of driving under the influence. He pled guilty, admitting in his plea colloquy with the Superior Court and his plea agreement that he was eligible to be sentenced as a third-time offender because he had been convicted of two previous DUIs. The Superior Court sentenced Laboy as a first-time offender. The State appealed, arguing that the Superior Court erred in disregarding his first two DUI offenses. Upon further review, the Supreme Court agreed: the Superior Court did not have discretion to ignore Laboy's previous DUI convictions under the DUI statute. The Court therefore reversed and remanded so that Laboy could be sentenced in accordance with the DUI statute as a third-time offender.
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