Wing v. State

IN THE SUPREME COURT OF THE STATE OF DELAWARE
BENJAMIN WING, §
§ No. 553, 2013
Defendant Below- §
Appellant, §
§ Court Below—Superior Court
v. § of the State of Delaware,
§ in and for New Castle County
STATE OF DELAWARE, § Cr. ID 1207010736
§
Plaintiff Below- §
Appellee.
Submitted: October 29, 2014
Decided: November 3, 2014
Before STRINE, Chief Justice, RIDGELY, and VALIHURA, Justices.
ORDER
This 3rd day of November 2014, upon consideration of the appellant’s
motion to remand, the parties’ briefs and the record on appeal, it appears to
the Court that:
(1) The appellant, Benjamin Wing, filed this appeal from the
Superior Court’s order sentencing him to five years at Level V imprisonment
following his conviction for drug dealing. Wing’s sole argument on appeal is
that the Superior Court did not sufficiently question him prior to his waiver of
counsel in order to determine whether the waiver was knowing and
intelligent.
(2) In its answering brief, the State, commendably, concedes that the
Superior Court did not conduct the searching inquiry required by federal and
state law prior to allowing Wing to waive his right to counsel.
(3) In response to the State’s answering brief, Wing has filed a
motion requesting the Court to reverse his conviction, reinstate bail, and
remand the matter for a new trial. The State consents to the requested relief.
We agree that the requested relief is appropriate under the circumstances.
NOW, THEREFORE, IT IS ORDERED that the judgment of the
Superior Court is REVERSED. This matter is REMANDED to the Superior
Court to vacate Wing’s conviction, to reinstate bail, and to set a new trial
date. Jurisdiction is not retained.
BY THE COURT:
/s/ Karen L. Valihura
Justice
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