Reid v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE DAVID C. REID, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 129, 2005 Court Below Superior Court of the State of Delaware, in and for Kent County Cr. ID. 0403025083 Submitted: April 4, 2005 Decided: April 26, 2005 Before STEELE, Chief Justice, JACOBS, and RIDGELY, Justices. ORDER This 26th day of April 2005, it appears to the Court that: (1) On April 4, 2005, the defendant, David C. Reid, filed a pro se notice of appeal from a Superior Court jury s guilty verdict on several criminal charges. Reid s sentencing is currently scheduled for May 24, 2005. (2) Under the Delaware Constitution, this Court may review only a final judgment in a criminal case.1 Reid s convictions in this case will not 1 1997). DEL. CONST. ART. IV, § 11(1)(b); Gottlieb v. State, 697 A.2d 400, 401 (Del. be final and appealable until he is sentenced.2 Thus, Reid s appeal fails to invoke the jurisdiction of this Court. Furthermore, a defendant represented by counsel may not act pro se. Unless and until a defendant has made a proper waiver of the right to counsel, counsel is the only person authorized to act on defendant s behalf.3 (3) The Court has concluded, pursuant to Supreme Court Rule 29(c), that the appeal manifestly fails to invoke this Court s jurisdiction and that, in the exercise of the Court s discretion, the giving of notice of dismissal would serve no meaningful purpose and that any response thereto would be of no avail. NOW, THEREFORE, IT IS ORDERED, pursuant to Supreme Court Rules 6 and 29(c), that the within appeal is DISMISSED sua sponte. BY THE COURT: /s/Henry duPont Ridgely Justice 2 See DEL. SUPR. CT. R. 6(a)(ii). 3 In re Haskins, 551 A.2d 65, 66-67 (Del. 1988). 2

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