IN THE SUPREME COURT OF THE STATE OF DELAWARE JAMES MACCOLL, § § No. 129, 2023 Defendant Below, § Appellant, § Court Below—Superior Court § of the State of Delaware v. § § ID No: 2103011110 STATE OF DELAWARE, § § Appellee. § Submitted: January 10, 2024 Decided: January 25, 2024 Before SEITZ, Chief Justice; VALIHURA and TRAYNOR, Justices.

ORDER This 25th day of January, 2024, after consideration of the parties’ briefs, the argument of counsel, and the record on appeal, it appears to the Court that the judgment of the Superior Court should be affirmed on the basis of and for the reasons stated in its July 1, 2022 Memorandum Opinion and Order.1 NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court be AFFIRMED.

BY THE COURT: /s/ Gary F. Traynor Justice

State v. MacColl, 2022 WL 2388397 (Del. Super. Ct. July 1, 2022).