McNeill v. State
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IN THE SUPREME COURT OF THE STATE OF DELAWARE WARREN MCNEILL, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 187, 2001 Court Below Superior Court of the State of Delaware, in and for New Castle County Cr.A. Nos. IN99-08-0138 thru 0140 Submitted: August 20, 2001 Decided: October 16, 2001 Before VEASEY, Chief Justice, BERGER and STEELE, Justices ORDER This 16th day of October 2001, it appears to the Court that: (1) The defendant-appellant, Warren McNeill, filed an appeal from an order of the Superior Court denying his motion to withdraw his guilty plea. The plaintiff-appellee, State of Delaware, has moved to dismiss the appeal on jurisdictional grounds. Because this Court lacks jurisdiction to decide the appeal, we GRANT the State s motion to dismiss and DISMISS the appeal. (2) On November 22, 2000, McNeill pleaded guilty to attempted assault in the first degree, possession of a firearm during the commission of a felony and reckless endangering in the first degree. Prior to sentencing, McNeill filed a motion to withdraw his guilty plea. On April 5, 2001, the Superior Court denied McNeill s motion. (3) A direct appeal of a criminal conviction may be taken only from a final judgment.1 McNeill s appeal from the Superior Court s April 5, 2001 order is interlocutory because he has not yet been sentenced.2 This Court, therefore, has no jurisdiction to review McNeill s appeal. NOW, THEREFORE, IT IS ORDERED that the motion to dismiss is GRANTED and the appeal is DISMISSED. BY THE COURT: /s/ Myron T. Steele__________________ Justice 1 Del. Const. art. IV, § 11(1) (b); Rash v. State, Del. Supr., 318 A.2d 603, 604 (1974). 2 Eller v. State, Del. Supr., 531 A.2d 948, 950 (1987). 2
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