Supreme Court of Delaware

Prentiss Butcher, Defendant Below, Appellant v. State of Delaware, Plaintiff Below, Appellee

August 7, 2017171 A.3d 537

Summary

The Court held that the version of the violent-felony classification statute in effect when Butcher committed the firearm-possession offense governs whether a prior conviction qualifies for enhanced sentencing. Because the prior drug conviction had been removed from the statutory list before Butcher committed the offense, it could not serve as one of the two predicate violent felonies. The Court vacated the sentence and remanded for resentencing.