Supreme Court of Delaware

Kenneth L. Chambers, Defendant-Below v. State of Delaware, Plaintiff-Below

May 29, 20142014 Del. LEXIS 233

Summary

The court affirmed the denial of Chambers's motion to preclude felony prosecution for third-offense DUI. It held that applying the amended sentencing provision to an offense committed after the amendment's effective date did not violate the Ex Post Facto Clause, even though the predicate offenses occurred earlier and one fell outside the former five-year period. The court reasoned that the amendment altered the consequences of the later offense, not the consequences of Chambers's prior offenses.