Supreme Court of Delaware

Landry v. State

November 13, 2015

Summary

The Court held that Landry's separate convictions for Aggravated Possession Tier 5 and Drug Dealing Tier 4 did not violate double jeopardy, but that the convictions should merge for sentencing. Although the double-jeopardy claim was outside the scope of a Rule 35(a) motion, the Court remanded for merger and resentencing to eight unsuspended years at Level V under the plea agreement. The order was affirmed in part and reversed in part.