Opinion
No. 197, 2001.
Decided: March 11, 2002.
Court Below: Superior Court of the State of Delaware in and for New Castle County Cr.A. Nos. IN99-03-0987, IN99-01-1103, 1108, 1093, 1091 1094, 1092, 1099, 1104, 1105, 1098, 1153; IN99-03-2489, 2490.
Before WALSH, HOLLAND, and STEELE, Justices.
Affirmed.
Unpublished opinion is below.
RICHARD ROTH, SR., Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. No. 197, 2001 In the Supreme Court of the State of Delaware. Submitted: February 14, 2002 Decided: March 11, 2002
ORDER
This 11th day of March 2002, upon consideration of the briefs of the parties, it appears to the Court that:
(1) Following his conviction of felony murder arising out of an armed robbery, the appellant, Richard Roth, Sr. ("Roth"), raises a single issue on appeal:
that the trial judge erred in instructing the jury that Roth could be found guilty of felony murder if the jury concluded that Roth intended to commit the underlying robbery, and if the death that occurred during the robbery was a foreseeable consequence of the robbery.
(2) We conclude that, as Roth tacitly concedes, this issue is controlled by our holding in Claudio v. State, 585 A.2d 1278, 1282 (Del. 1991). We find no reason to revisit our holding in Claudio. Accordingly, we find no error in the trial judge's instruction in this case.
NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court be, and the same hereby is,
AFFIRMED.