Supreme Court of Delaware
Weber v. State
May 12, 2015
Summary
The Court affirmed the denial of Weber’s Rule 35(b) motions. It held that the prior reversal of his attempted robbery conviction was based on an instructional error, not insufficient evidence, so retrial was not barred by double jeopardy; it also declined to consider his habitual-offender challenge because Rule 35 was not the proper vehicle. The Court further held that no enforceable plea agreement arose because Weber rejected the State’s modified offer and did not detrimentally rely on it.