Supreme Court of Delaware
Simmons v. State
May 23, 2023
Summary
The Court affirmed Simmons’s convictions for theft of a firearm and theft of ammunition after independently reviewing the record under the applicable withdrawal procedure. It held that the evidence, including the victim’s testimony, the absence of forced entry, the recovery of the items in Simmons’s room, and Simmons’s admission, supported the convictions and revealed no plain error. The Court declined to consider Simmons’s ineffective-assistance claim because it had not been raised below.