State v. Wilhere

OPINION

COOCH, Judge.

Colleen Wilhere (Defendant) has moved to Dismiss the State’s Petition to Declare Respondent an Habitual Offender Under 21 Del.C. eh. 28.' The State maintains that Defendant meets the habitual offender criteria of 21 Del.C. § 2802(1) on the basis of her having been convicted of three qualifying *283offenses within five years, even though the date of the second “conviction” did not precede the date of the third “offense.” Defendant argues that, because the date of her second “conviction” did not precede the date of her third “offense,” she is ineligible for “habitual offender”…