MUMITT v. State

SHAKA MUMITT, Defendant Below, Appellant,

v.

STATE OF DELAWARE, Plaintiff Below, Appellee.

No. 81, 2009.

Supreme Court of Delaware.

Submitted: September 2, 2009.

Decided: October 6, 2009.

Before STEELE, Chief Justice, JACOBS and RIDGELY, Justices.

ORDER

JACK B. JACOBS, Justice

This 6th day of October 2009, upon consideration of the briefs of the parties and the record in this case, it appears to the Court that:

1. Shaka Mumitt appeals from his Superior Court conviction of Assault in the Third Degree.[1] Mumitt argues that the Superior Court committed plain error in failing to dismiss the charge of…