Opinion
No. 349, 2003.
Submitted: August 5, 2003.
Decided: August 18, 2003.
Mandamus Dismissed.
Unpublished opinion is below.
IN THE MATTER OF THE PETITION OF JAMES GILLESPIE FOR A WRIT OF MANDAMUS. No. 349, 2003. Supreme Court of the State of Delaware. Submitted: August 5, 2003. Decided: August 18, 2003.
Before HOLLAND, BERGER, and STEELE, Justices.
ORDER
Carolyn Berger, Justice.
This 18th day of August 2003, upon consideration of James Gillespie's petition for a writ of mandamus and the State=s answer and motion to dismiss, it appears to the Court that:
(1) Gillespie filed a petition requesting this Court to issue an extraordinary writ of mandamus directed to the Superior Court. Gillespie requests that the Superior Court be directed to modify his sentence. The State has filed a motion to dismiss Gillespie's petition on the ground that the Court lacks original jurisdiction to issue a writ in this case. We agree.
(2) To the extent Gillespie's petition requests that the Superior Court be directed to rule on a motion for modification of sentence, which Gillespie filed on June 6, 2003, his request is moot. A review of the Superior Court's docket in Gillespie's case reveals that the Superior Court denied Gillespie's motion for modification of sentence on July 21, 2003. To the extent Gillespie seeks to have the Superior Court's decision reversed, the extraordinary writ process is not available as a substitute for a timely-filed appeal from the Superior Court's decision.
Matushefske v. Herlihy, 214 A.2d 883, 885 (Del. 1965).
NOW, THEREFORE, IT IS ORDERED that Gillespie's petition for a writ of mandamus is DISMISSED.