State v. Casto

DUFFY, Justice:

This is the State’s consolidated appeal, authorized by 10 Del.C. § 9902, from a Superior Court order remanding two cases, to the Justice of the Peace Courts with instructions to permit each defendant to withdraw a guilty plea to a charge of driving under the influence of intoxicating liquor in violation of 21 Del.C. § 4177. 1 Defendants had been sentenced to a statutory minimum fine of $200 in one case, and to a statutory minimum fine of $500 and a mandatory term of 60 days imprisonment in the other. 2

I

We first consider the appeal of defendant John M. Casto. On July 21, 1973 he…