State v. Cook

HOLLAND, Justice:

The defendant-appellee, Dwayne Cook (“Cook”), was convicted, following a jury trial in the Superior Court, of Vehicular Assault in the First Degree and Operation of a Vehicle While Under the Influence of Alcohol and/or Drugs (“DUI”). Thereafter, the Superior Court ordered the DUI conviction merged with the vehicular assault conviction for the purposes of sentencing. In this matter, the State of Delaware (“the State”) appeals from that sentencing order. 10 Del.C. § 9902. 1

The State contends that the Superior Court erred, as a matter of law, in ruling that principles of double…