Rydell Mills, Defendant Below, Appellant v. State of Delaware, Plaintiff Below, Appellee.

Summary

The court held that Mills could not be convicted of two counts of resisting arrest with force or violence based solely on the two officers involved; the offense is committed once per arrest. It also held that Delaware law permits separate convictions and sentences for resisting arrest and aggravated drug dealing when the resisting-arrest conduct serves as an aggravating factor for the drug offense. Finally, the court found plain error in omitting the intent-to-deliver element from the heroin-drug-dealing jury instruction, requiring reversal of that conviction, vacation of the sentence, and further proceedings.