White v. State

MOORE, Justice:

Again we venture into the fen of legal analysis spawned by the Double Jeopardy Clause. 1 Today we reconsider whether it violates the constitutional prohibition against double jeopardy for a trial judge at resentencing to increase a defendant’s sentence on one count when the defendant’s sentence on another, related charge, has been vacated on appeal. When we first addressed this narrow question, we held that a trial judge was only limited in resen-tencing a defendant by the combined duration of the sentences imposed before appeal. Davis v. State, Del.Supr., 400 A.2d 292, 297…