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eBook details

• Title: William J. Lecompte v. State Delaware
• Author : Supreme Court of Delaware
• Release Date : January 21, 1986
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

William LeCompte appeals a sentence of the Superior Court requiring him to serve consecutive three-year prison terms on the charges of Robbery First Degree and Possession of a Deadly Weapon During the Commission of a Felony. The defendant contends that the imposition of consecutive sentences for these two crimes is not permitted by this Court's decision in Davis v. State, Del.Supr., 400 A.2d 292 (1979), the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution, Albernaz v. United States, 450 U.S. 333, 101 S. Ct. 1137, 67 L. Ed. 2d 275 (1981), and related decisions. In our opinion the matter is controlled by the clearly expressed legislative intent of the General Assembly in providing for enhanced punishment where persons possess a deadly weapon during the commission of a felony. Consistent with the analyses and guidance furnished by Albernaz, Missouri v. Hunter, 459 U.S. 359, 103 S. Ct. 673, 74 L. Ed. 2d 535 (1983) and Blockburger v. United States, 284 U.S. 299, 52 S. Ct. 180, 76 L. Ed. 306 (1932), such sentences are permissible, and given our unambiguous legislation on the subject, are mandatory. Accordingly, we affirm, and thus overrule Davis. I.

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