Butcher v. DelawareAnnotate this Case
Appellant Prentiss Butcher appealed after he was convicted and sentenced for Possession of a Firearm By a Person Prohibited. At sentencing, the Superior Court held that Butcher had two prior “violent felony” convictions warranting a ten-year mandatory minimum sentence pursuant to Section 1448(e)(1)(c). On appeal, Butcher argued that the Superior Court erred in sentencing him because one of the two predicate offenses was no longer designated a violent felony when he committed Person Prohibited. Thus, this appeal required the Delaware Supreme Court to determine which version of Section 4201(c) controlled when a sentencing court must decide whether a prior conviction constitutes a predicate violent felony for the purpose of enhanced sentencing under Section 1448(e). The Supreme Court concluded a sentencing court must look to the version of Section 4201(c) in effect upon commission of the Section 1448 offense for which a defendant is being sentenced. Because the Superior Court in this case applied a version of Section 4201(c) that was no longer in effect when Butcher violated Section 1448, it vacated the Sentence Order and remanded for resentencing.