Fountain v. DelawareAnnotate this Case
Defendant-appellant Martin Fountain appealed a superior court judgment denying his motion for resentencing on grounds that the Amended Sentencing Act did not apply retroactively. With the help of amicus curiae, he argued that the Act vested a judge with the discretion to modify a consecutive sentence entered before the Act was effective July 9, 2014, and to reimpose concurrent prison terms. The State argued the judicial discretion provided for in the Act operated prospectively only, because there was no express statement in the amendment that made it retroactive. After review, the Supreme Court agreed with the State that the Act applied prospectively. Therefore, the superior court's judgment was affirmed.