 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Eaton v. State12/8/1997
Upon appeal from the Superior Court. AFFIRMED.
The defendant-appellant, Robert E. Eaton ("Eaton"), was initially charged with Assault in the Second Degree, a felony, and released on bail. One of the conditions in Eaton's bail bond was for him to have "no contact" with the alleged assault victim. 11 Del. C. section 2108(a)(5). Eaton was subsequently arrested and charged with three separate breaches of this "no contact" condition in his bail bond.
The original assault charge and the three breach of release offenses were consolidated for trial in the Superior Court. The jury acquitted Eaton of the felonious assault charge and also acquitted him of two charges that he violated the "no contact" condition of release in his bail bond. Eaton was convicted of the remaining breach of the "no contact" condition. Eaton's conviction constituted a felony, pursuant to 11 Del. C. section 2113(c)(1).
Eaton has raised one issue in this direct appeal. Eaton argues that the statutory designation of his conviction as a felony was erroneous, as a matter of law, because he was acquitted of the underlying felony assault charge that was the basis for the "no contact" condition of release in his bail bond. Eaton argues that this Court should, therefore, either reverse his conviction or reduce his conviction to a misdemeanor.
Eaton did not present these objections to the Superior Court. Accordingly, Eaton must demonstrate plain error to obtain appellate review of his sentence. Supr. Ct. R. 8. See Wainwright v. State, Del. Supr., 504 A.2d 1096 (1986). This Court has concluded that Eaton has not met that burden in this appeal.
Facts
On the morning of November 25, 1995, Laura Callahan ("Callahan") went to the apartment belonging to her neighbor, Kathy Skinner ("Skinner"). Callahan told Skinner that her boyfriend, Eaton, had beaten her and broken her neck. Callahan used Skinner's telephone to call the police for help.
Chief Topping of the Felton Police Department responded to Callahan's telephone call. When he arrived at the Felton Peach Tree Apartments, Callahan told him that she wanted Eaton to leave her apartment. Callahan also advised Chief Topping, however, that Eaton had not beaten her.
Skinner took Callahan to the hospital. Callahan told the emergency room physician that her boyfriend had twisted her neck and kicked her in the thigh. Callahan was diagnosed as having two cervical fractures. Callahan was transferred to another hospital to be treated by a neurosurgeon.
While Callahan was still at the first hospital, she stated that she did not want the law enforcement authorities notified of her injuries. She further stated that if the police were called, she would deny that Eaton had caused her injuries. When Chief Topping arrived at the hospital, Callahan told him that she had fallen down the stairs.
Chief Topping obtained a warrant for Eaton's arrest for Assault in the Second Degree. Following his arrest, Eaton was taken to the Justice of the Peace Court. Eaton was arraigned and the terms and conditions of his secured bond were set by the Magistrate. Callahan provided the bond money to secure Eaton's release on bail.
One of the conditions of release in the bail bond was that Eaton have no contact with Callahan. Nevertheless, following Eaton's release on bail, Callahan visited him frequently at his temporary residence. On May 4, 1996, an officer of the Camden-Wyoming police saw Callahan and Eaton together on Route 13 in front of the Shamrock Hotel in Camden. Eaton was arrested for violating the "no contact" condition of release in his bail bond on that day and on two other occasions.
Page 1 2 3 4 Delaware Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|