May 8, 2019
Below: Family Court of the State of Delaware, ID. No.
appeal from the Family Court. REVERSED and REMANDED.
P. Tray, Esquire, Wilmington, Delaware for Appellant, Arthur
Lugg, Esquire, Deputy Attorney General, Wilmington, Delaware
for Appellee, State of Delaware.
STRINE, Chief Justice; VALIHURA and VAUGHN, Justices.
appellant, Arthur Stoner, appeals from a Family Court order
finding him delinquent of Robbery in the Second Degree and
Conspiracy in the Second Degree. He makes three claims on
appeal. First, he contends that the finding that he committed
Conspiracy in the Second Degree violated his right to due
process because it was based on a finding that he violated an
uncharged subsection of the conspiracy statute. Second, he
contends that there was insufficient evidence to find him
delinquent of Robbery in the Second Degree. In particular, he
contends that the Family Court misconstrued a part of the
robbery statute, 11 Del. C. § 831(b), which provides that
"the phrase in the course of committing theft includes
any act which occurs ... in immediate flight after the
attempt or commission of the theft." Third, he contends
that 11 Del. C. § 512(1), the subsection of the conspiracy
statute under which he was found delinquent, is
unconstitutionally vague because it does not expressly
include the requirement of an overt act.
State agrees that the Family Court erred when it found Stoner
delinquent for violating an uncharged subsection of the
conspiracy statute. According to the State, "The trial
court effectively convicted Stoner of an offense for which
the State had
not charged him. His adjudication of second degree conspiracy
should be vacated." Because the State concedes error
and agrees that Stoners adjudication of delinquency as to
Conspiracy in the Second Degree should be vacated, we accept
its concession and have no further need to discuss Stoners
first contention. For this same reason, Stoners third
contention, that 11 Del. C. § 512(1) is unconstitutionally
vague, need not be addressed. We need address only Stoners
contentions relating to the Family Courts finding of
delinquency for Robbery in the Second Degree.
II. FACTS AND ...