Whitfield v. State
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IN THE SUPREME COURT OF THE STATE OF DELAWARE MUSTAFA WHITFIELD, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. § § § § § § § § § § § No. 521, 2013 Court Below Superior Court of the State of Delaware in and for New Castle County Cr. ID No. 0210009174 Submitted: December 2, 2013 Decided: December 13, 2013 Before HOLLAND, JACOBS and RIDGELY, Justices. ORDER This 13th day of December 2013, it appears to the Court that: (1) On August 15, 2013, the appellant, Mustafa Whitfield, was charged in the Superior Court with violation of probation ( VOP ) in Cr. ID No. 0210009174. On October 1, 2013, Whitfield filed a notice of appeal stating that he intends to appeal the August 30, 2013 conviction of guilt in that case. Upon receipt of the notice of appeal, the Clerk issued a notice directing that Whitfield show cause why the appeal should not be dismissed due to the Court s lack of jurisdiction to entertain a criminal interlocutory appeal.1 (2) On October 28, 2013, Whitfield filed a response to the notice to show cause, and on December 2, 2013, the State filed an answer to Whitfield s response. In its answer, the State informs the Court that the August 30, 2013 VOP hearing in Whitfield s case was continued until November 22, 2013. On that date, Whitfield was adjudged guilty of VOP and sentenced to two years and eleven months at Level V suspended after 104 days for two years of probation. (3) Under the Delaware Constitution, only a final judgment may be reviewed by this Court in a criminal case.2 A criminal conviction does not become final, and this Court does not, therefore, have jurisdiction to entertain an appeal from that conviction, until sentence is imposed.3 Because Whitfield had not yet been sentenced October 1, 2013 when he filed 1 Brown v. State, 2012 WL 4466314 (Del. Sept. 26, 2012) (citing State v. Cooley, 430 A.2d 789, 791 (Del. 1981)). 2 See Blake v. State, 2012 WL 566417 (Del. Feb. 21, 2012) (citing Del. Const. art. IV, § 11(1)(b); Gottlieb v. State, 697 A.2d 400, 401-02 (Del. 1997)). 3 Hunter v. State, 209 A.2d 469, 470 (Del. 1965). 2 his notice of appeal, his appeal is interlocutory, and this Court has no jurisdiction to consider it.4 NOW, THEREFORE, IT IS ORDERED, pursuant to Supreme Court Rule 29(b), that this appeal is DISMISSED. BY THE COURT: /s/ Randy J. Holland Justice 4 The Court notes that if Whitfield intends to appeal the November 22, 2013 VOP conviction, he must file the notice of appeal within thirty days of sentencing, i.e., on or before December 23, 2013, for the appeal to be effective. Del. Supr. Ct. R. 6(a)(ii). 3
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