Somerville v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE BRIAN SOMERVILLE, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. § § § § § § § § § § § No. 224, 2008 Court Below Superior Court of the State of Delaware, in and for New Castle County. Cr. ID No. 0710004399 Submitted: June 9, 2008 Decided: July 31, 2008 ORDER This 31st day of July 2008, it appears to the Court that the Clerk of this Court issued a notice to show cause to the appellant, Brian Somerville, on May 7, 2008, the date Somerville filed a notice of appeal from his April 1, 2008 guilty plea and sentencing. The Clerk s notice directed that Somerville show cause why the appeal should not be dismissed as untimely. Somerville did not respond to the notice to show cause. The Court s dismissal of Somerville s appeal is deemed to be unopposed. NOW, THEREFORE, IT IS HEREBY ORDERED, pursuant to Supreme Court Rules 29(b) and 3(b)(2)(b), that the appeal is DISMISSED. BY THE COURT: /s/ Carolyn Berger Justice

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