Opinion
No. 235, 2002
Submitted: July 12, 2002
Decided: August 12, 2002
Court Below — Superior Court of the State of Delaware, in and for New Castle County Cr. ID 9904009914.
Appeal dismissed.
Unpublished opinion is below.
BRIAN M. FLAGG, Defendant Below-Appellant, v. STATE OF DELAWARE, Plaintiff Below-Appellee. No. 235, 2002 In the Supreme Court of the State of Delaware. Submitted: July 12, 2002 Decided: August 12, 2002
Before VEASEY, Chief Justice, WALSH, and STEELE, Justices.
E. NORMAN VEASEY, Chief Justice:
ORDER
This 12th day of August 2002, upon consideration of the parties' briefs and the record, it appears to the Court that the appellant, Brian Flagg, filed this appeal from the Superior Court's denial of his motion for correction of sentence. In its answering brief, the State concedes that Flagg's contention on appeal appears meritorious and requests this Court to remand the matter to Superior Court. Attached to Flagg's reply brief, however, is a Superior Court order dated June 11, 2002, which grants the relief Flagg seeks. Accordingly, Flagg requests that his appeal be dismissed as moot. We agree that, in light of the Superior Court's June 11 order, dismissal is appropriate.
NOW, THEREFORE, IT IS ORDERED that this appeal is hereby DISMISSED as moot.