Opinion
No. 0302014400.
Decided: December 8, 2006.
NEW CASTLE COUNTY COURTHO USE JUDGE 500 N. KING STREET, SUITE 10400 WILMINGTON, DELAWARE 19801 (302) 255-0669.
Shawn Martyniak, Deputy Attorney General Anthony A. Figliola, Jr., Esquire.
FINAL ORDER
1. On September 16, 2003, the Court of Common Pleas found Stewart
guilty of Driving Under the Influence. And pursuant to its October 28, 2003 Order and Opinion, it sentenced him as a first offender on January 2, 2004.
2. On January 16, 2004, the State filed an appeal, contending that Stewart was a second offender, as he was previously convicted of Driving Under the Influence in Florida.
3. By Order issued August 31, 2004, the court reversed and remanded to the Court of Common Pleas.
4. On September 15, 2004, Stewart filed an appeal to the Supreme Court of Delaware, which, on August 6, 2005, dismissed the Defendant's appeal as interlocutory.
5. On July 2, 2006, the Court of Common Pleas resentenced Stewart as a second offender, consistent with this court's August 31, 2004 Order.
6.Stewart then filed the instant appeal.
7. Although the parties' designations have changed, the court's reasoning in the August 31, 2004 Order stands. Therefore, the July 2, 2006 decision on remand and the sentence of the Court of Common Pleas are AFFIRMED.