State v. Brown

Full title: STATE OF DELAWARE, v. DAVID BROWN, Defendant

Court: Superior Court of Delaware, New Castle County

Date published: Mar 27, 2009

ID No. 0704017095 (Del. Super. Ct. Mar. 27, 2009)

Opinion

ID No. 0704017095.

Submitted: March 13, 2009.

Decided: March 27, 2009.

On Remand on Defendant's Motion for Judgment of Acquittal Defendant's Conviction for Maintaining a Vehicle REVERSED.

Timothy J. Donovan, Jr., Esquire, Department of Justice, Attorney for the State of Delaware.

Bernard J. O'Donnell, Esquire, Attorney for Defendant.

ORDER

JOHNSTON, JPage 2

1. In September 2007, defendant David Brown was tried by a jury. The jury found defendant guilty of Possession with Intent to Deliver Marijuana and Maintaining a Vehicle for Keeping Marijuana.

2. By opinion decided February 18, 2009, the Supreme Court found that the Superior Court had erred, as a matter of law, in denying defendant's motion for judgment of acquittal. The Supreme Court reversed the judgment of conviction for Maintaining a Vehicle, and remanded for further proceedings.

THEREFORE, defendant's judgment of conviction for Maintaining a Vehicle for Keeping Marijuana is hereby VACATED. The conviction for Possession with Intent to Deliver Marijuana remains.

IT IS SO ORDERED.