Valentine v. State

Summary

The court held that Valentine’s Pennsylvania drug conviction qualified as the equivalent of a Delaware violent felony, but his Pennsylvania firearm conviction could not be treated as equivalent because the available plea materials did not establish that he possessed a concealed weapon on his person. The court also held that the extreme speeding, late hour, and odor of marijuana together established probable cause to search Valentine’s vehicle despite the odor not being identified as raw or burnt marijuana. It affirmed the convictions and suppression ruling, vacated the enhanced sentence, and remanded for resentencing.