In re State, 603 A.2d 814 (Del. 1992)

Cases | In re State, 603 A.2d 814 (Del. 1992) | 2018

The defendant pled guilty to trafficking and was ordered to pay an 18% assessment to the victim compensation fund. The defendant appealed imposition of the assessment on ex post facto grounds, and the trial court ordered that the assessment be calculated according to the statute in force at the time the crime was committed. The State sought issuance of a writ of mandamus to compel the trial court to impose the assessment increase. The supreme court affirmed the trial court’s refusal to retroactively apply the assessment. Application of the proposed assessment was restricted by the ex post facto clause of the U.S. Constitution because it was penal in nature and inextricably connected to a criminal conviction.