State v. Whitehead
Annotate this CaseOn July 29, 1994, Defendant was convicted of second-degree murder. The date of the offense was August 25, 1993. Defendant was sentenced to life in prison pursuant to the Fair Sentencing Act (FSA). The General Assembly enacted the Structured Sentencing Act (SSA) to supercede the FSA for offenses committed on or after the SSA's effective date, October 1, 1994. In contrast to the FSA, the SSA imposed shorter terms of imprisonment for second-degree murder. On March 28, 2011, Defendant filed an amended motion for appropriate relief requesting modification of his sentence under the SSA. The superior court ordered that Defendant's life sentence be modified to a term of 157 to 198 months under the SSA. The Supreme Court vacated the order and judgment of the trial court, holding (1) Defendant's offense was controlled exclusively by the FSA; and (2) the superior court violated a clear and unambiguous statute by modifying Defendant's sentence in accordance with the SSA. Remanded.
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