James Mays, Below v. State of Delaware, Below

Summary

The court affirmed Mays's felony conviction for promoting prison contraband, holding that the felony and misdemeanor versions of the offense share the same knowing mens rea. Possession of a cellular telephone operates as a penalty enhancement, so the trial court properly refused to instruct the jury on the misdemeanor offense. The court concluded that the evidence showed Mays knowingly possessed contraband and that the jury instruction correctly stated the governing law.