Opinion
No. 346, 2001.
August 7, 2001.
Appeal from the Superior Court of the State of Delaware, in and for New Castle County, Cr. ID No. 0001013663.
APPEAL DISMISSED.
Unpublished Opinion is below.
MARK HONIE, Defendant Below-Appellant, v. STATE OF DELAWARE, Plaintiff Below-Appellee. No. 346, 2001. Supreme Court of Delaware. Submitted: July 25, 2001. Decided: August 7, 2001.
Court Below — Superior Court of the State of Delaware, in and for New Castle County, Cr. ID No. 0001013663.
Before HOLLAND, BERGER, and STEELE, Justices.
ORDER
This 7th day of August 2001, it appears to the Court that:
1. On July 25, 2001, the appellant, appearing pro se, filed a notice of appeal from the interlocutory order of the Superior Court dated June 29, 2001, wherein the jury returned a verdict of guilty on three counts of a criminal indictment.
2. Under the Delaware Constitution, only a final judgment may be reviewed by this Court in a criminal case. Del Const. Art. IV, 11( 1)(b). A judgment is not final in a criminal case until a defendant has been sentenced.
Eller v. State, Del. Supr., 531 A.2d 951, 052 (1987). As a result, this Court does not have jurisdiction to review Honie's interlocutory appeal in this matter.
Rash v. State, Del Supr., 318 A.2d 603, (1974); State v. Cooley, Del. Supr., 430 A.2d 789, (1981).
NOW, THEREFORE, IT IS ORDERED that this appeal is DISMISSED, sua sponte, pursuant to Supreme Court Rule 29(c).