Honie v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE MARK HONIE, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. § § § § § § § § § § § No. 346, 2001 Court Below Superior Court of the State of Delaware, in and for New Castle County Cr. ID No. 0001013663 Submitted: July 25, 2001 Decided: August 7, 2001 Before HOLLAND, BERGER, and STEELE, Justices. ORDER This 7th day of August 2001, it appears to the Court that: 1. On July 25, 2001, the appellant, appearing pro se, filed a notice of appeal from the interlocutory order of the Superior Court dated June 29, 2001, wherein the jury returned a verdict of guilty on three counts of a criminal indictment. 2. Under the Delaware Constitution, only a final judgment may be reviewed by this Court in a criminal case. Del Const. Art. IV, ï § 11(1)(b). A judgment is not final in a criminal case until a defendant has been sentenced. Eller v. State, Del. Supr., 531 A.2d 951, 052 (1987). As a result, this Court does not have jurisdiction to review Honie s interlocutory appeal in this matter. Rash v. State, Del Supr., 318 A.2d 603, (1974); State v. Cooley, Del. Supr., 430 A.2d 789, (1981). NOW, THEREFORE, IT IS ORDERED that this appeal is DISMISSED, sua sponte, pursuant to Supreme Court Rule 29(c). BY THE COURT: Myron T. Steele Justice 2

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