Dunn v. State

Summary

The Delaware Supreme Court affirmed Tarrance P. Dunn’s convictions for Robbery in the First Degree and Theft Under $1,500. Applying the standard for reviewing a no-merit brief under Delaware Supreme Court Rule 26(c), the Court held that the evidence was sufficient to support the robbery conviction and that the appeal presented no arguably appealable issue.

Holdings

1. Counsel made a conscientious examination of the record and law, and the appeal was wholly without merit and devoid of any arguably appealable issue; therefore, the motion to withdraw was properly treated as moot after affirmance.
2. The evidence was sufficient for a rational trier of fact to find Dunn guilty beyond a reasonable doubt of first-degree robbery because the evidence supported that Dunn used force during a theft, intended to compel delivery of the iPhone, and caused physical injury to Shannon.

Questions Presented

1. Whether appellate counsel satisfied the requirements for withdrawal under Delaware Supreme Court Rule 26(c).
2. Whether the evidence was sufficient to support Dunn's conviction for first-degree robbery despite inconsistencies in the victim's testimony, witness credibility concerns, and discrepancies in descriptions of the perpetrator.
3. Whether the Superior Court's judgment should be affirmed.

Disposition

affirmed