Supreme Court of Delaware

Santiago v. State

March 8, 2024

Summary

The Court held that a conviction for operating a vehicle causing death under Section 4176A requires a guilty verdict on the predicate traffic offense charged under Section 4176. Because the jury convicted Santiago on Count I but could not reach a verdict on Count II, the Count I conviction could not stand, and jury lenity did not permit the inconsistent verdict. The Court reversed and remanded for a mistrial on Count I.