Opinion
No. 556, 1998.
January 20, 1999.
Court Below: Superior Court in the State of Delaware, in and for New Castle County, in Cr.A. Nos. IN96-12-1200, -1204, -1205.
APPEAL DISMISSED.
Unpublished Opinion is below.
JOSEPH A. ORTIZ, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. No. 556, 1998. In the Supreme Court of the State of Delaware. Submitted: January 7, 1999. Decided: January 20, 1999.
Court Below: Superior Court in the State of Delaware, in and for New Castle County, in Cr.A. Nos. IN96-12-1200, -1204, -1205.
Before VEASEY, Chief Justice, WALSH and HARTNETT, Justices.
ORDER
This 20th day of January 1999, it appears to the Court that:
1. On December 31, 1998, the appellant filed a pro se notice of appeal from a Superior Court order dated December 22, 1998. The Superior Court's order denied his pro se motion for transcripts. On December 31, 1998, the Assistant Clerk issued a notice pursuant to Supreme Court Rule 29(b), directing the appellant to show cause why this appeal should not be dismissed based on this Court's lack of jurisdiction to entertain a criminal interlocutory appeal.
2. On January 7, 1999, the appellant filed a response to the notice to show cause. The response is deemed to be non-responsive, since it appears to address the merits of the appeal.
3. Under the Delaware Constitution, however, only a final judgment may be reviewed by this Court in a criminal case. Del Const. art. IV, § 11( 1)(b). The order of the Superior Court denying the appellant's motion for transcripts is not appealable before the entry of a final order on any postconviction motion. Browne v. State, Del. Supr., No. 492, 1991, Walsh, J. (Jan. 21, 1992) (ORDER). The Court does not have jurisdiction to review Ortiz' interlocutory appeal in this criminal case. 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 pursuant to Supreme Court Rules 6 and 29(b) that this appeal be, and the same hereby is, DISMISSED.
BY THE COURT:
/s/ Maurice A. Hartnett, III, Justice