Supreme Court of Delaware

Dixon v. State

May 7, 2015

Summary

The Court affirmed Dixon’s conviction for the lesser-included offense of simple possession of a firearm by a person prohibited. It held that instructing the jury on the lesser offense did not impermissibly amend the grand-jury indictment because the indictment alleged all elements of the lesser offense and did not change the firearm or factual basis for the charge. Because Dixon did not object to the instruction, the Court reviewed for plain error and found none.