State v. SkyersState v. Skyers
- Reporters:
- ,
- Before:
- Christie
The State of Delaware brought this appeal challenging an order of the Superior Court which vacated one of two convictions obtained against defendant below/appellee, Ludlow Skyers. The State contends that both convictions were lawful due to the fact that, under the analysis articulated in the case of Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932), different elements are required to establish each crime. Skyers contends that sentencing him for both convictions would violate the Double Jeopardy Clause of the Constitution since both convictions arose out of a single incident, therefore, he may be sentenced lawfully for only a single conviction. We rule that the crimes at issue require sufficiently different proofs and so, under the analysis of the Blockbur-ger case, constitute separate offenses which may be sentenced separately.
On February 13, 1986, the police, pursuant to a warrant, searched the residence of Linde Bakke. While there, they found Skyers. Skyers was in possession of a quarter pound of cocaine and various drug paraphernalia which evidenced a cocaine distribution operation. The police arrested Skyers.
During Skyers’ jury trial, Bakke testified as a State’s witness pursuant to a plea bargain he had made with the State. Bakke identified Skyers as having supplied him with cocaine. The jury found Skyers guilty of both trafficking in cocaine under
In March, 1988, before sentencing, Skyers moved to have one of the convictions vacated. In his motion, Skyers contended that the two convictions were based on a single underlying offense, and thus there had been a violation of the double jeopardy clause. The Superior Court granted Skyers’ motion. State v. Skyers, Del.Super., Cr.A. Nos. IN86-02-0775, IN86-03-0339, Martin, J., 1988 WL 55311 (May 31, 1988). The State filed a motion for reargument, which was denied. State v. Skyers, Del.Super., Cr.A. Nos. IN86-02-0775, IN86-03-0339, Martin, J., 1988 WL 77712 (July 21, 1988).
Although the State cannot identify which conviction is ripe for appeal because Skyers has not been sentenced, the Superi-
The Superior Court relied on the case of State v. Parson, Del.Super., 509 A.2d 90 (1986), in reaching its decision that the convictions amounted to a violation of the double jeopardy clause. In the Parson case the Superior Court ruled that when faced with convictions which, if allowed to stand, would violate the double jeopardy clause, the court, and not the State, must select which conviction is to be vacated. State v. Parson, 509 A.2d at 93. In the Parson case, however, the State did not challenge the contention made by the defendant that multiple convictions arising out of a single act amount to a violation of double jeopardy. Id. at 91. Thus, the analysis of the Parson case is not controlling as to the issue here raised.
The case of
Jefferson v. State,
Del.Supr., 543 A.2d 339 (1988) (ORDER) (APPENDIX), decided before the original order in this case, considered the propriety of separate sentences for convictions under both
Under
Although the trial court recognized that these two statutes contain different elements and, therefore, are directed at different crimes, it reasoned that, as a practical matter, they often arise out of the same incident (as in the instant case). While this reasoning may be correct, it does not follow that the General Assembly intended to have conduct that satisfied both
NOW, THEREFORE, IT HAS BEEN ORDERED that the Superior Court’s order denying the State’s motion for reargument is REVERSED, and this case is REMANDED for sentencing as to both convictions.
APPENDIX
IN THE SUPREME COURT OF THE STATE OF DELAWARE
Victor L. Jefferson, Defendant Below, Appellant, v. State of Delaware, Plaintiff Below, Appellee.
No. 388, 1987
Submitted: May 10, 1988
Decided: May 17, 1988
Court Below — Superior Court of the State of Delaware, in and for New Castle County: Cr.A. No. IN85-04-1868
Before CHRISTIE, Chief Justice, HORSEY, and MOORE, Justices.
ORDER
This 17th day of May, 1988, the Court, after considering the parties’ briefs and the record, concludes that:
(1) The appellant/defendant, Victor L. Jefferson, was convicted of trafficking in cocaine, possession of cocaine with intent to deliver, plus two related drug charges. His convictions were subsequently affirmed by this Court. Jefferson v. State, Del.Supr., 531 A.2d 627 (1987) (Order).
(2) The appellant then filed a pro se motion for correction of an illegal sentence. The appellant contends that the trafficking and possession statutes proscribe the same conduct and, therefore, imposing sentences under both statutes violates the double jeopardy clause of the Fifth Amendment to the United States Constitution. The Superior Court denied appellant’s motion.
(3) We agree with the ruling of the Superior Court. The well-reasoned decision in State v. Getter, IN-85-11-0834, IN-85-12-1771 through 1775 (Balick, J.) (Feb. 5,1987) correctly states the law applicable in cases such as this.
(4) As the Getter opinion explains, the United States Supreme Court in Blockburger v. United States, 284 U.S. 299, 304, 52 S.Ct. 180, 182, 76 L.Ed. 306 (1932), formulated the test to determine whether two offenses are the same for double jeopardy purposes. The Supreme Court held that a single act may be prosecuted as separate crimes and are separately punished under different statutory provisions if each offense requires proof of an element that the other does not. Id.
(5) The elements of possession with intent to deliver are: 1) possession, and 2) intent to deliver.
Now, therefore, the Court orders that the Superior Court’s order denying appellant’s motion is affirmed.
BY THE COURT:
/s/ Andrew D. Christie
Chief Justice