MARTIN E. FOUNTAIN, Defendant-Below, Appellant,
STATE OF DELAWARE, Plaintiff-Below, Appellee
Submitted June 10, 2014
Revised: August 26, 2014.
Case Closed September 4, 2014.
This decision has been designated as "Table of Decisions Without Published Opinions." in the Atlantic Reporter.
Court Below: Superior Court of the State of Delaware, in and for Kent County. Cr. ID 0209005515.
Before STRINE, Chief Justice, HOLLAND, and RIDGELY, Justices.
Leo E. Strine, Jr. Chief Justice
This 26th day of August 2014, upon consideration of the appellant's opening brief, the State's motion to affirm, and the record below, it appears to the Court that:
(1) The appellant, Martin Fountain, filed this appeal from the Superior Court's order, dated March 28, 2014, denying his motion for correction of sentence. The State filed a motion to affirm the judgment below on the ground that it is manifest on the face of Fountain's opening brief that his appeal is without merit. We agree and affirm.
(2) A Superior Court jury convicted Fountain in March 2003 of nine criminal offenses, including two counts of Delivery of Cocaine under 16 Del. C. § 4751. Fountain had been convicted before for an offense under Chapter 16. At the time Fountain was convicted in March 2003, 16 Del. C. § 4763(a)(3) contained a provision enhancing the mandatory minimum sentence for violation of § 4751 for defendants who had previously been convicted of an offense under Chapter 16:
In any prosecution for violation of § 4751 or 4761(a)(1) where a defendant has previously been convicted of any offense under this chapter ... the minimum term of imprisonment shall be 30 years and the maximum term for such conviction shall be 99 years and 15 years of such minimum term shall be a mandatory minimum term of imprisonment and shall not be subject to suspension and no person shall be eligible for probation or parole during such portion of such minimum term.
Subsection (d) of § 4751 itself also contained a provision increasing the mandatory minimum sentence under that section if the defendant was not an addict.
(3) Following a presentence investigation, the Superior Court sentenced Fountain to serve a total period of 103 years at Level V incarceration, to be suspended after serving thirty years and nine months in prison for decreasing levels of supervision. This Court affirmed Fountain's convictions and sentences on direct appeal. Thereafter, Fountain moved for postconviction relief, which the Superior Court denied. We affirmed that denial on appeal. In September 2013, Fountain filed a motion for ...