Supreme Court of Delaware

State of Delaware, Plaintiff-Below, Appellee/cross-Appellant v. Jeffrey W. Barnes, Defendant-Below…

June 2, 20152015 Del. LEXIS 262

Summary

The Court held that the Truth In Sentencing Act does not eliminate parole eligibility for felony DUI offenses under 21 Del. C. § 4177. Although the State’s interpretation was reasonable, the competing interpretation was also plausible because the Act amended and referred primarily to Titles 11 and 16, while the DUI statute contains its own sentencing provisions. The Court gave substantial weight to the longstanding interpretation of the Superior Court, Board of Parole, and SENTAC and relied on stare decisis, settled expectations, and legislative acquiescence.