Howell v. State
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IN THE SUPREME COURT OF THE STATE OF DELAWARE JEFFERY J. HOWELL, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. ' ' ' No. 454, 2000 ' ' Court BelowBCourt of Common ' Pleas of the State of Delaware, ' in and for Sussex County ' Cr.A. Nos. 99-12-1319 ' 99-12-1329 ' ' Submitted: September 18, 2000 Decided: October 10, 2000 Before HOLLAND, BERGER and STEELE, Justices ORDER This 10th day of October 2000, it appears to the Court that: (1) On September 18, 2000, defendant-appellant, Jeffery J. Howell, filed this appeal from a July 19, 2000 order of the Court of Common Pleas finding him guilty of a probation violation. (2) A criminal defendant convicted and sentenced in the Court of Common Pleas may appeal his conviction to the Superior Court.1 This Court has jurisdiction to review the Superior Court=s appellate decision.2 This Court, 1 11 Del. C. ' 5301; Com. P. Ct. Crim. R. 37. 2 Rogers v. State, Del. Supr., 457 A.2d 727, 730-31 (1983). however, may not receive an appeal directly from the Court of Common Pleas.3 (3) Howell=s appeal manifestly fails to invoke the jurisdiction of this Court.4 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.5 NOW, THEREFORE, IT IS ORDERED that, pursuant to Supreme Court Rule 29(c), the appeal is DISMISSED, sua sponte. BY THE COURT: /s/ Carolyn Berger Justice 3 Del. Const. art. IV, ' 11(1) (b). 4 Supr. Ct. R. 29(c). 5 Id. We note that, even if Howell=s appeal had been filed properly in this Court, it was not filed within the 30-day time limit. Supr. Ct. R. 6. -2-
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