Supreme Court of Delaware
State of Delaware, Plaintiff-Below, Appellant v. Andy Laboy, Defendant-Below, Appellee
June 15, 20152015 Del. LEXIS 292
Summary
The Supreme Court of Delaware held that the Superior Court was required to sentence Laboy as a third-time DUI offender because the DUI statute imposed mandatory minimum penalties and the record sufficiently established his two prior qualifying offenses. The court also held that the prior-conviction exception meant the State was not required to prove the prior offenses beyond a reasonable doubt, and that correcting the unauthorized sentence did not violate double jeopardy. The sentence was reversed and the case remanded for resentencing.