Unpublished Opinion is below.
MARK A. KIRK, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. No. 532, 1997. Supreme Court of Delaware. Submitted: April 27, 1999. Decided: April 29, 1999.
Court Below: Superior Court of the State of Delaware in and for New Castle County, Cr.A. Nos. IN96-12-0754, 0755, 0556, IN97-01-1773, 1774, 1775 and 1776.
Before VEASEY, Chief Justice, WALSH, HOLLAND, HARTNETT and BERGER, Justices, constituting the Court en Banc.
ORDER
This 29th day of April, 1999, the Court, having considered the decision of the Superior Court dated December 3, 1997, and the briefs and arguments of the parties, has determined that: to the extent the issues raised on appeal are factual, the record evidence supports the trial judge's factual findings; to the extent the errors alleged on appeal are attributed to an abuse of discretion, the record does not support those assertions; and to the extent that the issues raised on appeal are legal, they are controlled by settled Delaware law, which was properly applied.
NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court be, and the same hereby is, AFFIRMED.
BY THE COURT:
/s/ Carolyn Berger
Justice