Supreme Court of Delaware

Qwauntico Ross, Defendant Below, Appellant v. State of Delaware, Plaintiff Below, Appellee

February 23, 20102010 Del. LEXIS 79

Summary

The Supreme Court of Delaware affirmed Ross's five-year minimum mandatory sentence for possessing a firearm as a prohibited person with two prior violent-felony convictions. It held that the firearm statute unambiguously requires counting two guilty-plea convictions obtained on separate occasions, without importing the rehabilitation-opportunity sequencing required under the habitual-offender statute. Justice Ridgely, dissenting, would have required an opportunity to reform after the first conviction before imposing the enhanced mandatory term.