Parker v. Delaware

Defendant Justin Parker appealed his conviction and sentence for theft of a motor vehicle, felony theft, and two counts of possession of a firearm during the commission of a felony. All of the charges against Parker stemmed from one night where Parker and another man entered a lot that housed various vehicles, pointed a gun at the guard and locked him in a portable toilet, and then loaded a container with several vehicles, which they then stole. On appeal, Parker argued his sentences for both theft of a motor vehicle and felony theft violated double jeopardy because the vehicles at issue in each count were stolen on the same occasion and were part of one course of action by Parker. The Delaware Supreme Court was presented with two issues for resolution by this appeal: (1) as a general matter, whether theft of a motor vehicle and felony theft the “same offense” for double jeopardy purposes; and (2) even if they were, can the two charges be separated in this particular case because they were associated with different stolen items, even though the items were stolen at the same time and place? The Court held theft of a motor vehicle was indeed the same offense as felony theft for double jeopardy purposes and that the two charges could not be separated in this case. The Court therefore vacated Parker’s sentence and remanded for resentencing. View "Parker v. Delaware" on Justia Law