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State v. Wyatte

Superior Court of Delaware

February 12, 2018

STATE OF DELAWARE,
v.
ERICK J. WYATTE, Defendant.

          Trial Held: January 23-24, 2018

         Upon the Defendant's Motion for Judgment of Acquittal and Decision After Non-Jury Trial Held Before the Honorable William L. Witham, Jr.

          Stephen E. Smith, Esquire of the Department of Justice, Dover, Delaware; attorney for the State of Delaware.

          Andre M. Beauregard, Esquire of Brown Shiels & Beauregard, LLC, Dover, Delaware; attorney for the Defendant.

          ORDER

          Hon. William L. Witham, Jr. Resident Judge

         I. The Defendant's Motion for Judgment of Acquittal

         Before the Court addresses the individual charges brought against the Defendant, Erick J. Wyatte, the Court will address Mr. Wyatte's Motion for Judgment of Acquittal, that was raised at the end of the bench trial in this matter. Mr. Wyatte contends that he is entitled to judgment of acquittal in this case because the State allegedly failed to provide him with necessary discovery that he requested prior to trial. The Court declines to address the merits of Mr. Wyatte's contention, however, because, as the Court previously explained, trial is not the appropriate time to raise disputes with respect to alleged discovery violations. Mr. Wyatte should have, and certainly could have, raised his concerns with the Court well in advance of trial. As he did not, the Court deems his arguments as waived. Nevertheless, in doing so this Court has weighed the relevant factors in affording the required discovery and finds that the equities favor the State.

         II. The Court's Bench Decision

         Pursuant to Superior Court Criminal Rule 23(a), Mr. Wyatte requested a non-jury trial. The Court, after a searching inquiry of Mr. Wyatte's right to a jury trial, approved his waiver of that right, as it was knowing and voluntary, and conducted a trial in accordance with Superior Court Criminal Rule 23(c). The Defendant is charged with the following charges:

Count 1: Non-Compliance with Bond, a felony, in violation of 11 Del. C. § 2113.
Count 2: Fleeing and Eluding, a felony, in violation of 21 Del. C. § 4103.
Count 3: Assault in the First Degree, a felony, in violation of 11 Del. C. § 613.
Count 4: Vehicular Assault in the First Degree, a felony, in violation of 11 Del. C. § 629.
Count 5: Driving While Suspended or Revoked, a misdemeanor, in violation of 21 De ...

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