Opinion
No. 167, 2002
Submitted: September 4, 2002
Decided: September 23, 2002
Court Below: Superior Court of the State of Delaware in and for Sussex County Cr. ID NO. 0107003212
Affirmed.
Unpublished opinion is below.
CHRISTOPHER TOTH, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. No. 167, 2002 In the Supreme Court of the State of Delaware. Submitted: September 4, 2002 Decided: September 23, 2002
Before VEASEY, Chief Justice, WALSH, and HOLLAND, Justices.
Joseph T. Walsh, Justice
ORDER
This 23rd day of September 2002 upon consideration of the briefs of the parties it appears to the Court that:
(1) The appellant, Christopher Toth ("Toth"), appeals from his conviction in the Superior Court of assault third degree. His sole contention on appeal is that the State was permitted to present improper rebuttal evidence involving a prior altercation between Toth and the victim of the assault. Toth has neglected to provide a full transcript of the trial proceedings to permit this Court to fully evaluate his claim as required by Tricoche v. State, 525 A.2d 151, 154 (Del. 1987). Nonetheless based on the record evidence before us, we conclude that the State's use of the prior confrontation was proper rebuttal. The disputed evidence was not collateral to Toth's defense that the assault resulted from a spontaneous encounter with the victim. Accordingly, we affirm the conviction.
NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court be, and the same hereby is, AFFIRMED.