Supreme Court of Delaware

Conviction of defendant for second-degree robbery is reversed and remanded as, facts in the record support the crime of offensive touching, and offensive touching is a lesser included offense of robbery as a matter of law, there is sufficient evidence on the record to support an acquittal of second-degree robbery and a conviction of offensive touching.

Appellate Information

• Decided 09/28/2009
• Published 09/28/2009

Judges

• STEELE, Chief Justice., Before STEELE, Chief Justice, HOLLAND and BERGER, Justices.

Court

• Supreme Court of Delaware

Counsel

• For Appellant:
  
• Bernard J. O'Donnell, Office of Public Defender, Wilmington, Delaware, for appellant.


• For Appellees:
  
• James T. Wakley and Kevin M. Carroll, Department of Justice, Wilmington, Delaware, for appellee.