Delaware Code

11 Del. C. § 4215A (2026)

Sentence of greater punishment because of previous conviction under prior law or the laws of other jurisdictions

✓ current as of May 2026
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(a) Notwithstanding any provision of law to the contrary, if a previous conviction for a specified offense would make the defendant liable to a punishment greater than that which may be imposed upon a person not so convicted, that previous conviction shall make the defendant liable to the greater punishment if that previous conviction was:

(1) For an offense specified in the laws of this State or for an offense which is the same as, or equivalent to, such offense as the same existed and was defined under the laws of this State existing at the time of such conviction; or

(2) For an offense specified in the laws of any other state, local jurisdiction, the United States, any territory of the United States, any federal or military reservation, or the District of Columbia which is the same as, or equivalent to, an offense specified in the laws of this State.

(b) This section shall apply to any offense or sentencing provision defined in this Code unless the statute defining such offense or sentencing provision or a statute directly related thereto expressly provides that this section is not applicable to such offense or sentencing provision.

74 Del. Laws, c. 62, §  1
Notes of Decisions
Cited in 1 case, 2015–2015 · leading case: Christopher Wehde v. State of Delaware (Del. 2015).
Christopher Wehde v. State of Delaware (Del. 2015). “16 Wehde does not contend that any of the crimes underlying his habitual offender status were misdemeanors at the time he was convicted of those crimes. (11) As to Wehde’s claim that he was not guilty of Rape in the Fourth Degree, this claim is outside the scope of Rule 35.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.