Kevin L. Forehand, Defendant Below, Appellant v. State of Delaware, Plaintiff Below, Appellee

Summary

The Court held that classifying escape after conviction, including a nonviolent walk-away escape, as a violent felony rationally furthers the legislature's sentencing objectives because an escaped convicted felon may resort to violence or threats to avoid recapture. It also held that Forehand's eight-year habitual-offender sentence was not grossly disproportionate to his Class D escape offense, particularly because he remained at large for a week. The judgment was affirmed. Chief Justice Steele, joined by Justice Jacobs, dissenting, would have held that classifying nonviolent Class D escape as a violent felony lacked a rational connection to violence and would have reversed and remanded for resentencing.