April 25, 2014
MALEK WATKINS, Defendant Below-Appellant,
STATE OF DELAWARE, Plaintiff Below-Appellee
Submitted April 23, 2014.
Motion for Rehearing filed 5/7/14; Denied 5/9/14. Case Closed May 13, 2014.
This decision has been designated as "Table of Decisions Without Published Opinions." in the Atlantic Reporter.
Court Below: Superior Court of the State of Delaware, in and for Kent County.
Before STRINE, Chief Justice, BERGER, and JACOBS, Justices.
Leo E. Strine, Jr., Chief Justice.
This 25th day of April 2014, upon consideration of the briefs of the parties and the record in this case, it appears to the Court that:
The appellant, Malek Watkins (" Watkins" ), was convicted of robbery in the first degree under 11 Del. C . § 832. Watkins argues that the Superior Court erred when it refused to give the jury an instruction on the lesser included offense of theft under 11 Del. C . § 841. Because the Superior Court properly found that there was no evidence in the record that would provide a rational basis for a jury to convict Watkins of theft rather than robbery, the appeal is without merit and we affirm.
NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED.