Benson v. State

Full title: ROBERT BENSON, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff…

Court: Supreme Court of Delaware

Date published: Mar 30, 2004

846 A.2d 237 (Del. 2004)

Opinion

No. 142, 2003.

Submitted: February 10, 2004.

Decided: March 30, 2004.

Superior Court of the State of Delaware in and for New Castle County, Cr. I.D. No. 0204003341.

Before BERGER, STEELE and JACOBS, Justices.

ORDER

Carolyn Berger, Justice.

This 30^th 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.

1 840 A.2d 599 (Del. 2003).

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.