Supreme Court of Delaware

Broomer v. State

October 29, 2015

Summary

The Court affirmed Broomer's conviction for second-degree conspiracy despite the jury's acquittal on the underlying drug-dealing charge. Because the indictment alleged that one or more conspirators could commit an overt act, Donte's text messages could satisfy the overt-act element even though Broomer was acquitted of drug dealing. The unpreserved claim was reviewed for plain error, and the Court found no inconsistency or reversible error.