State of Delaware v. Coleman.

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
IN AND FOR NEW CASTLE COUNTY
STATE OF DELAWARE )
)
)
v. )
)
) C.A. No. 1007009018 &
MICHAEL W. COLEMAN ) 1007008965
)
)
Submitted: February 23, 2015
Decided: March 18, 2015
Upon Defendant’s Motion for Modification of Sentence
DENIED
ORDER
1. On March 18, 2011, Defendant was sentenced to 8 years of unsuspended
time (as an habitual offender) for Burglary 2nd Degree; 3 years, suspended after 1 year
for Attempted Robbery 2nd Degree; 3 years, suspended after 1 year for Possession of
a Deadly Weapon by a Person Prohibited; and 1 year suspended for Theft of a
Controlled Substance. In accordance with Title 11, Section 3901(d) of the Delaware
Code, the Level 5 sentences are consecutive.1
11 Del. C. § 3901(d) (2012) (“No sentence of confinement of any criminal
1
defendant...shall be made to run concurrently with any other sentence of confinement imposed on
2. Section 3901(d) has been amended, with an effective date of July 9, 2014.
As amended, Section 3901(d) provides in pertinent part: “The court shall direct
whether the sentence of confinement of any criminal defendant by any court of this
State shall be made to run concurrently or consecutively with any other sentence of
confinement imposed on such criminal defendant.”
3. Defendant requests that the Court modify his sentence so that the Level 5
sentences of confinement be served concurrently.
4. Amended statutes will not be applied retroactively, unless the statute clearly
contains express language indicating that the legislature intended retroactive
application.2
5. The Court finds that Section 3901(d), as amended, was not intended by the
Delaware General Assembly to have retroactive effect.
THEREFORE, Defendant’s Motion to Modify Sentence is hereby DENIED.
IT IS SO ORDERED.
/s/ Mary M. Johnston
The Honorable Mary M. Johnston
such criminal defendant.”).
2
State v. Ismaaeel, 840 A.2d 644, 654 (Del. Super. 2004).