Supreme Court of Delaware

Curry v. State

October 17, 2017

Summary

The Court held that applying the 2016 habitual-offender statute to Curry’s 2015 offenses violated the prohibition against ex post facto laws. The State could not establish that the error was harmless because the habitual-offender petition relied on only two prior convictions, neither of which satisfied the applicable version of the statute. The Court vacated the sentence and remanded for resentencing.