Stoner v. DelawareAnnotate this Case
Appellant "Arthur Stoner," appealed a Family Court order finding him delinquent of Robbery in the Second Degree and Conspiracy in the Second Degree. On appeal, he argued: (1) the finding that he committed Conspiracy in the Second Degree violated his right to due process because it was based on a finding that he violated an uncharged subsection of the conspiracy statute; (2) there was insufficient evidence to find him delinquent of Robbery in the Second Degree, specifically, the Family Court misconstrued a part of the robbery statute, 11 Del. C. 831(b); and (3) 11 Del. C. 512(1), the subsection of the conspiracy statute under which he was found delinquent, was unconstitutionally vague because it does not expressly include the requirement of an overt act. The State agreed that the Family Court erred when it found Stoner delinquent for violating an uncharged subsection of the conspiracy statute, and recommended vacating that charge. Because the State conceded error and agreed Stoner’s adjudication of delinquency as to Conspiracy in the Second Degree should have been vacated, the Delaware Supreme Court accepted its concession and did not discuss Stoner’s first contention. For this same reason, Stoner’s third contention, that 11 Del. C. 512(1) was unconstitutionally vague, was not be addressed. The Court only addressed Stoner’s contentions relating to the Family Court’s finding of delinquency for Robbery in the Second Degree. To that end, the Supreme Court remanded this case back to the trial court for additional findings with regard to the robbery charge.