Opinion
No. 635, 2002
Submitted: November 18, 2002
Decided: December 9, 2002
Court Below-Court of Common Pleas of the State of Delaware in and for New Castle County Cr. ID No. 0110011985 Cr.A. Nos. MN-01-11-0674 and -0675
Appeal dismissed.
Unpublished opinion is below.
PETER T. KOSTYSHYN, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. No. 635, 2002 In the Supreme Court of the State of Delaware. Submitted: November 18, 2002 Decided: December 9, 2002
Before VEASEY, Chief Justice, WALSH and STEELE, Justices.
Myron T. Steele Justice
ORDER
This 9th day of December 2002, it appears to the Court that:
1. On November 18, 2002, Peter T. Kostyshyn, appearing pro se, filed a notice of appeal from a guilty verdict rendered in the Court of Common Pleas on November 13, 2002. Mr. Kostyshyn is scheduled to be sentenced on January 24, 2003.
2. A criminal defendant convicted and sentenced in the Court of Common Pleas may appeal his conviction to the Superior Court. This Court has jurisdiction to review the Superior Court's appellate decision. This Court, however, may not receive an appeal directly from the Court of Common Pleas.
DEL. CODE ANN. tit. 11, § 5301; DEL. CT. C.P. CRIM. R. 37.
Rogers v. State, 457 A.2d 727, 730-31 (Del. 1983).
DEL. CONST. art. IV, § 11( 1)(b).
3. Kostyshyn's appeal manifestly fails to invoke the jurisdiction of this Court. Moreover, this Court concludes, in the exercise of its discretion, that the giving of notice would serve no meaningful purpose and that any response would be of no avail.
DEL. SUPR.CT.R. 29(c).
NOW, THEREFORE, IT IS ORDERED that, pursuant to Supreme Court Rule 29(c), the appeal is DISMISSED, sua sponte.