Lis v. State

DUFFY, Justice:

In this appeal defendant contends that a verdict of guilty followed by a suspension of sentence is not a prior conviction within the terms of a statute fixing a mandatory minimum sentence for one previously convicted of a drug offense.

I

On January 25, 1972 defendant was found guilty of possession of a dangerous drug (marijuana) in violation of 16 Del.C. § 4722 (now § 4754). He was sentenced to two years in prison but execution thereof was suspended and probation was ordered for two years. 1 While on probation defendant was charged with selling a dangerous drug (marijuana) in…