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Dimatteo v. State

Supreme Court of Delaware

April 2, 2014

DEBORAH DIMATTEO, Defendant Below-Appellant,
v.
STATE OF DELAWARE, Plaintiff Below-Appellee

Submitted March 24, 2014

Case Closed April 21, 2014.

Editorial Note:

This decision has been designated as "Table of Decisions Without Published Opinions." in the Atlantic Reporter.

Court Below--Court of Common Pleas of the State of Delaware, in and for New Castle County. Cr. ID 1304021949.

Before HOLLAND, BERGER, and JACOBS, Justices.

OPINION

Carolyn Berger, Justice

ORDER

This 2nd day of April 2014, it appears to the Court that:

(1) On March 10, 2014, the Court received appellant's notice of appeal from a Court of Common Pleas order, entered January 31, 2014, sentencing her for a violation of probation. The Senior Court Clerk issued a notice pursuant to Supreme Court Rule 29(b) directing appellant to show cause why the appeal should not be dismissed for this Court's lack of jurisdiction to consider an appeal directly from the Court of Common Pleas.[1]

(2) Appellant filed a response to the notice to show cause on March 24, 2014. Her response argues the relative merits of her appeal and does not address the interlocutory nature of the appeal.

(3) This Court has no jurisdiction to consider a criminal appeal directly from the Court of Common Pleas.[2] Appellant's notice of appeal should have been filed with the Superior Court within 15 days of her sentencing.[3] This Court has no jurisdiction to hear appellant's appeal in the first instance.

NOW, THEREFORE, IT IS ORDERED, pursuant to Supreme Court Rule 29(b), that the within appeal is DISMISSED.


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