Supreme Court of Delaware
Qwauntico Ross, Defendant Below, Appellant v. State of Delaware, Plaintiff Below, Appellee
February 23, 20102010 Del. LEXIS 79
Summary
The court held that the defendant's two prior guilty pleas for separate violent felonies qualified as two convictions on separate occasions under the plain language of the PFBPP statute, even though the second offense occurred before sentencing on the first conviction. Because the statute was unambiguous and its literal application was not unreasonable, the court affirmed the mandatory five-year sentence. Justice Ridgely, dissenting, would have required an opportunity for rehabilitation between convictions before imposing the enhanced mandatory term.