David Downer v. State Delaware - Supreme Court of Delaware

David Downer v. State Delaware

By Supreme Court of Delaware

  • Release Date - Published: 1988-06-22
  • Book Genre: Law
  • Author: Supreme Court of Delaware
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David Downer v. State Delaware Supreme Court of Delaware read online review & book description:

WALSH, Justice: This appeal from the Superior Court presents the question of whether a defendant who plea bargained may seek to vacate a
guilty plea to an offense which subsequently was determined not to exist. The Superior Court ruled that although the offense
to which the defendant, David Downer, had pleaded guilty had been impliedly repealed prior to the entry of the plea, the resulting
benefit to the defendant in avoiding prosecution for a greater offense precluded post sentencing relief. The Superior Court
also ruled that since the facts underlying the charge constituted indictable conduct, the Court did not lack jurisdiction
to accept the plea. We conclude that the Superior Court's ruling contained no error of law and accordingly affirm.

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