Kipp v. State Of Delaware

704 A.2d 839 (1998)

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Nature of the Case

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Facts

Several police officers went to D's home investigating a 'man with a gun' complaint from d's girlfriend, Lisa Zeszut. D refused to come out of his house but eventually surrendered to the police. D was taken to Wilmington Hospital for a psychological evaluation. The police found a handgun and two unloaded shotguns. The police discovered ammunition for those weapons scattered on the bedroom floor. The police also found two hunting bows, with arrows. Upon checking D's criminal record, police ascertained that he was a person prohibited from possessing deadly weapons. D was charged with five counts of Possession of a Deadly Weapon by a Person Prohibited. D testified he was told that he would not be prohibited from possessing weapons as a result of the plea to Assault in the Third Degree in 1990. The 1990 guilty plea form, which was submitted into evidence, has a space, which provides that a guilty plea will result in loss of the right to possess deadly weapons. That portion of the form was marked 'N/A.' D testified that 'N/A' meant the provision did not apply to him. The completed guilty plea form was provided to the judge during the 1990 plea colloquy. Neither the prosecutor nor the judge brought the error on the guilty plea form to D's attention. D was found guilty with his possession of the three firearms. D appealed.