State of Delaware v. Brown.
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IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY STATE OF DELAWARE, v. DAVID BROWN, Defendant. ) ) ) ) ) ) ) ID No. 0704017095 Submitted: March 13, 2009 Decided: March 27, 2009 On Remand on Defendant s Motion for Judgment of Acquittal Defendant s Conviction for Maintaining a Vehicle REVERSED ORDER Timothy J. Donovan, Jr., Esquire, Department of Justice, Attorney for the State of Delaware Bernard J. O Donnell, Esquire, Attorney for Defendant JOHNSTON, J. 1. In September 2007, defendant David Brown was tried by a jury. The jury found defendant guilty of Possession with Intent to Deliver Marijuana and Maintaining a Vehicle for Keeping Marijuana. 2. By opinion decided February 18, 2009, the Supreme Court found that the Superior Court had erred, as a matter of law, in denying defendant s motion for judgment of acquittal. The Supreme Court reversed the judgment of conviction for Maintaining a Vehicle, and remanded for further proceedings. THEREFORE, defendant s judgment of conviction for Maintaining a Vehicle for Keeping Marijuana is hereby VACATED. The conviction for Possession with Intent to Deliver Marijuana remains. IT IS SO ORDERED. _______________________________ The Honorable Mary M. Johnston
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