Stewart v. State

HOLLAND, Justice.

This is an appeal from a final judgment of the Superior Court. In September 2003, the defendant-appellant, James Stewart, was convicted in the Court of Common Pleas for driving under the influence and causing a head-on collision with injuries on February 23, 2003. On this appeal, Stewart does not challenge the Court of Common Pleas conviction. Stewart only challenges the Superior Court’s holding that he must be sentenced as a repeat offender under Title 21, sections 4177(d) and 4177B(e) of the Delaware Code.

Stewart argues that the State did not establish a prior offense for…