Fountain v. State

HOLLAND, Justice:

This appeal involves the interpretation and application of Delaware’s Amended Sentencing Act, .codified at 11 Del. C. § 3901(d), to determine if the Amended Sentencing Act is retroactive. The defendant-appellant, Martin E. Fountain (“Fountain”), appeals from the Superior Court’s judgment denying his motion for resentencing on grounds that the Amended Sentencing Act does not apply retroactively.

On appeal, Fountain — with the assistance of amicus curiae — argues that the Amended Sentencing Act vests a judge with the discretion to modify a consecutive sentence entered before the…