State v. Marchant

CHANDLER, Judge.

Defendant-Appellees (Defendants) in these consolidated cases have moved to dismiss the State’s appeals, contending that the State failed to apply for and receive leave to bring the appeals as required under 10 Del. C. § 9903. The State opposed the motion during arguments heard Friday, December 20, 1985.

Both defendants were charged and tried in the Sussex County Court of Common Pleas with “having actual physical control” of a vehicle while under the influence of alcohol in violation of 21 Del.C. § 4177(a). Defendant Legates was also charged with a speeding violation. During…