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FOUNTAIN v. STATE

No. 315, 2015.

139 A.3d 837 (2016)

Martin E. FOUNTAIN, Defendant-Below, Appellant, v. STATE of Delaware, Plaintiff-Below, Appellee.

Supreme Court of Delaware.

Decided: May 16, 2016.

Reargument Denied June 3, 2016.

Attorney(s) appearing for the Case

William M. Lafferty, Esquire (Argued), Susan Wood Waesco, Esquire , Richard Li, Esquire , Glenn R. McGillivray, Esquire , Morris, Nichols, Arsht & Tunnell LLP, Wilmington, Delaware, Amicus Curiae for Defendant-Below, Appellant.

John R. Williams, Esquire , Department of Justice, Dover, Delaware, Attorney for Plaintiff-Below, Appellee.

Before STRINE, Chief Justice; HOLLAND, VALIHURA, and SEITZ, Justices; and SLIGHTS, Vice Chancellor, constituting the Court en Banc.

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...

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