Opinion
No. 54, 2012 Cr. ID No. 1101013572
02-21-2012
RAYMOND E. BLAKE, Defendant Appellant, v. STATE OF DELAWARE, Plaintiff Appellee.
Court Superior Court of the State of Delaware
in and for New Castle County
Before STEELE, Chief Justice, HOLLAND and JACOBS, Justices
ORDER
This 21st day of February 2012, it appears to the Court that:
(1) On February 6, 2012, the Court received the appellant's notice of appeal from the Superior Court's interlocutory order denying his pretrial motion to dismiss Count I of his indictment. On that same date, the Clerk issued a notice pursuant to Supreme Court Rule 29(b) directing the appellant to show cause why his appeal should not be dismissed based upon this Court's lack of jurisdiction to entertain a criminal interlocutory appeal.
The record before us reflects that the appellant, acting pro se, was found guilty by a Superior Court jury of several criminal charges, but has not yet been sentenced.
Del. Const. art. IV, §11(1) (b).
(2) On February 10, 2012, the appellant filed his response to the notice to show cause. In his response, the appellant states that the Superior Court has no right to sentence him because his convictions result from a violation of his due process rights. On February 17, 2012, the State filed a reply stating that, on January 26, 2012, the appellant was convicted after a three-day jury trial of Trafficking in Heroin and related charges and that his sentencing will not take place until April 19, 2012.
(3) Under the Delaware Constitution, only a final judgment may be reviewed by this Court in a criminal case. A criminal conviction does not become final, and this Court does not, therefore, have jurisdiction to entertain an appeal from that conviction, until sentence is imposed.Because the appellant in this case has not yet been sentenced on his criminal convictions, his appeal is interlocutory and this Court has no jurisdiction to consider it.
Id.; Gottlieb v. State, 697 A.2d 400, 401-02 (Del. 1997).
Hunter v. State, 209 A.2d 469, 470 (Del. 1965).
Id.
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NOW, THEREFORE, IT IS ORDERED, pursuant to Supreme Court Rule 29(b), that this appeal is DISMISSED.
BY THE COURT:
Randy J. Holland
Justice