Martin E. Fountain, Defendant-Below v. State of Delaware, Plaintiff-Below

Summary

The Court held that Delaware’s Amended Sentencing Act applies prospectively and does not authorize modification of consecutive sentences imposed before its effective date. The statutory text, the absence of an express retroactivity provision, and the lack of procedures for implementing retroactive resentencing supported that conclusion. The Superior Court’s denial of Fountain’s resentencing motion was affirmed.