Downing v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE WAYNE D. DOWNING, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 358, 2005 Court Below Superior Court of the State of Delaware, in and for Kent County Cr. ID 0309016014 Submitted: August 17, 2005 Decided: September 8, 2005 Before BERGER, JACOBS, and RIDGELY, Justices. ORDER This 8th day of September 2005, it appears to the Court that: (1) On August 5, 2005, the Court received the defendant=s notice of appeal from a Superior Court order dated July 15, 2005 denying the defendant s motion to withdraw his guilty plea. The defendant has not yet been sentenced on the criminal charges to which he pled guilty. (2) Until the defendant is sentenced, the Superior Court s denial of his motion to withdraw his guilty plea is clearly an interlocutory ruling in this criminal matter.1 Under the Delaware Constitution, this Court may only review a final 1 See Robinson v. State, 704 A.2d 269, 271 (Del. 1998); DEL. SUPR. CT. R. 6(a)(ii). judgment in a criminal matter.2 Accordingly, this Court is without jurisdiction to review this criminal interlocutory appeal. NOW, THEREFORE, IT IS ORDERED, pursuant to Supreme Court Rule 29(b), that the within appeal is DISMISSED. BY THE COURT: Jack B. Jacobs Justice 2 DEL. CONST. art. IV, § 11(1)(b). -2-

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