Del. Supreme Court Overturns Life Sentence in Child Rape Case - WBOC-TV 16, Delmarvas News Leader, FOX 21 -

Del. Supreme Court Overturns Life Sentence in Child Rape Case

Posted: 10/23/2017 14:09:00 -04:00 Updated:
Eric Curry Eric Curry

DOVER, Del. (AP)- Delaware's Supreme Court has overturned the life sentence of a man who was convicted of raping a 14-year-old girl.

Eric Curry of Dover was arrested in November 2015 after the sister of his victim witnessed the crime.

Curry was given a life term earlier this year after prosecutors asked a judge to declare him a habitual offender because of previous convictions for aggravated menacing and second-degree robbery.

But Curry argued on appeal that the judge wrongly used a 2016 version of the habitual offender law to sentence him for offenses that occurred in 2015.

In a ruling last week, the Supreme Court agreed, saying the prosecution's petition for habitual-offender status was flawed and should have been denied.

The case was remanded to Superior Court for Curry to be resentenced.

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