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Wyant v. State

Supreme Court of Delaware

March 19, 2014

WARREN J. WYANT, Defendant Below-Appellant,
v.
STATE OF DELAWARE, Plaintiff Below-Appellee

Submitted March 18, 2014

Case Closed April 4, 2014.

Editorial Note:

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 New Castle County. Cr. ID 83000839DI.

Before HOLLAND, BERGER, and JACOBS, Justices.

OPINION

Carolyn Berger, Justice

ORDER

This 19th day of March 2014, it appears to the Court that:

(1) On March 10, 2014, the Court received appellant's notice of appeal following the Superior Court's hearing on his motion for reduction of sentence. At the conclusion of the hearing, the judge announced that appellant's motion was denied in part and granted in part and that a new sentencing order would be issued. The new sentencing order has not yet been entered on the Superior Court docket. The Clerk issued a notice to appellant to show cause why his appeal should not be dismissed for this Court's lack of jurisdiction to consider an interlocutory appeal in a criminal case.

(2) The appellant filed a response to the notice to show cause on March 18, 2014. He contends that his appeal is not interlocutory because the Superior Court orally pronounced its modified sentence at the February 14 hearing on his motion.

(3) This Court's jurisdiction in criminal cases is limited to the review of final judgments.[1] In a direct criminal appeal, the proceeding in the Superior Court is deemed final on the date the sentence is imposed.[2] In a postconviction proceeding such as this, however, the judgment is not deemed final until the order is entered upon the trial court docket.[3] The Superior Court has not entered a final order in this case and, in fact, has given the parties until March 20, 2014 to comment on a draft sentencing order. Accordingly, the appeal is interlocutory, and this Court lacks jurisdiction to consider it.

NOW, THEREFORE, IT IS ORDERED, pursuant to Section 11(1)(b) of Article IV of the Delaware Constitution, that the within appeal is DISMISSED.


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