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Peterson v. State

Supreme Court of Delaware

November 13, 2013

Kalvin PETERSON, Defendant Below, Appellant,
v.
STATE of Delaware, Plaintiff Below, Appellee.

Submitted: Nov. 6, 2013.

Court Below— Superior Court of the State of Delaware, in and for New Castle County, Cr. A. No. 12030234168C.

Upon appeal from the Superior Court. AFFIRMED.

Nicole M. Walker, Esquire, Office of the Public Defender, Wilmington, Delaware, for appellant.

John Williams, Esquire, Department of Justice, Dover, Delaware, for appellee.

Before HOLLAND, BERGER and JACOBS, Justices.

HOLLAND, Justice:

The defendant-appellant, Kalvin Peterson (" Peterson" ), appeals from a Superior Court judgment, following a bench trial, convicting him of one count of Possession of a Firearm by a Person Prohibited (" PFBPP" ). Peterson's sole claim of error is that collateral estoppel and double jeopardy

Page 1245

bar his conviction. Peterson argues that the bench trial conviction was precluded because at a concurrent trial, a jury acquitted him of both Possession of a Firearm During the Commission of a Felony (" PFDCF" ), and the underlying felony of Assault in the First Degree.

We have concluded that Peterson's arguments are without merit. Therefore, the judgment of the Superior Court is affirmed.

Facts

On February 21, 2012, David Brown was walking toward the intersection of Bennett and Taylor Streets in Wilmington, Delaware. According to his testimony, Brown was planning to buy crack cocaine. Brown had been using crack cocaine earlier that day, and for " maybe two days" leading up to February 21st.

While speaking to some acquaintances inside a car in the middle of Bennett Street, Brown saw a person turn the corner onto Bennett Street and walk toward him. Brown turned and began walking away because he saw that that person had a gun. A moment later, Brown saw " fire" in his peripheral vision and realized he had been shot in the back.

On February 21, 2012 at 8:05 p.m., the Wilmington Police Department received a report of a shooting on the 800 block of Bennett Street near the Taylor Street intersection. Officer Witte (" Witte" ) responded and found Brown lying on the curb with two gunshot wounds to his right backside. Brown initially told Witte that he did not see who shot him. Witte then told Brown that he (Witte) was there to help.[1] Brown responded that he could identify the shooter ...


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