Summary
In Weber I, we expressly stated that if the jury did not find the victim's "testimony entirely credible, they could have concluded that the State failed to prove beyond a reasonable doubt that [Petitioner] attempted first degree robbery."
Summary of this case from Weber v. MayOpinion
No. 592, 2001
Submitted: September 4, 2002
Decided: October 4, 2002
Court Below: Superior Court of the State of Delaware in and for New Castle County Cr. A. Nos. 00-11-0359 and 0011-0360, Cr. ID No. 0010007121
Appeal Dismissed.
Unpublished opinion is below.
PAUL E. WEBER, Defendant below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. No. 592, 2001 In the Supreme Court of the State of Delaware. Submitted: September 4, 2002 Decided: October 4, 2002
Before, VEASEY, Chief Justice, WALSH, and STEELE, Justices.
Myrion T. Steele, Chief Justice
ORDER
This 4th day of October, 2002, it appears to the Court that:
(1) In July 2000, a Superior Court jury found the defendant-appellant Paul Weber guilty of Forgery in the Second Degree and Misdemeanor Theft. The trial judge sentenced Weber to thirty days at Supervision Level V for each offense.
This is Weber's direct appeal.
(2) Pursuant to Article IV, Section 11( 1)(b) of the Delaware Constitution, this Court lacks jurisdiction to receive an appeal in a criminal matter unless the sentence imposed is a term of imprisonment exceeding one month or a fine exceeding $100. Neither of Weber's convictions resulted in a term of imprisonment exceeding one month nor a fine exceeding $100. A defendant is not permitted to aggregate penalties in order to meet the jurisdictional thresholds set by the Delaware Constitution. Consequently, this Court lacks jurisdiction to consider this appeal.
See also Brookens v. State, Del. Supr., 466 A.2d 1218, 1219 (1988).
Marker v. State, Del. Supr., 450 A.2d 397, 399 (1982).
NOW, THEREFORE, IT IS ORDERED that this appeal is DISMISSED.