State v. Carr

In this discretionary appeal by the State of Delaware (“State”), we again address a question presumably settled by our decision in Krewson v. State, Del.Supr., 552 A.2d 840 (1988): what constitutes a prior conviction for purposes of establishing the mandatory penalties for a subsequent offense of driving under the influence under 21 Del.C. § 4177(d)(2)?

The Superior Court ruled that an earlier conviction entered on a guilty plea followed by first offender treatment could not be deemed a second offense “trigger” in the absence of a showing that the defendant had been warned of the effect of his…