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Wynn v. State

Supreme Court of Delaware

May 20, 2014

KEITH W. WYNN, Defendant Below, Appellant,
v.
STATE OF DELAWARE, Plaintiff Below, Appellee

Submitted May 14, 2014

Case Closed June 5, 2014.

Court Below -- Superior Court of the State of Delaware, in and for New Castle County. Case. No. 1301002228.

Francis E. Farren, Esquire, Newark, Delaware, for appellant.

Maria T. Knoll, Esquire, Department of Justice, Wilmington, Delaware, for appellee.

Before HOLLAND, BERGER and RIDGELY, Justices.

OPINION

Page 639

HOLLAND, Justice:

The defendant-appellant, Keith Wynn (" Wynn" ) appeals from a jury conviction in the Superior Court of one count of Burglary in the Second Degree and two counts of

Page 640

Felony Theft. Wynn raises two claims on appeal. First, he contends that the prosecutor committed misconduct by stating that Wynn was not permitted on the second floor of a dwelling. Second, he contends that the prosecutor argued for an application of Delaware's burglary statute that was not supported by the record evidence.

We have concluded that both of Wynn's arguments are without merit. Therefore, the judgments of the Superior Court must be affirmed.

Facts

In 2012, Brian and Amanda Sands discovered that money and jewelry had been stolen from their upstairs bedrooms at their home in Middletown. Brian's parents, Michael and ...


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