State v. LeCompte

This appeal arises from a Superior Court certification of the question whether this Court’s decision in LeCompte v. State, Del. Supr., 516 A.2d 898 (1986), which expressly overruled Davis v. State, Del.Supr., 400 A.2d 292 (1979), should be applied retroactively. We accepted certification of the issue, and conclude, after briefing and oral argument, that LeCompte should not be given retroactive effect.

In LeCompte this Court, by majority opinion, determined that a defendant may be separately sentenced for robbery first degree under 11 DelC. § 832(a)(2), and possession of a deadly weapon during…