Rodriguez v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE EDWARD RODRIGUEZ, § § § § § § § § § § § Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. Submitted: Decided: No. 459, 2002 Court Below: Superior Court of the State of Delaware, in and for New Castle County Cr. ID No. 9812009411 August 21, 2002 August 29, 2002 Before VEASEY, Chief Justice, WALSH and HOLLAND, Justices. ORDER This 29TH day of August 2002, upon consideration of the appellant s untimely notice of appeal, the notice to show cause issued by the Clerk, and the appellant s response thereto, it appears that the appellant s failure to timely file his appeal is not attributable to court-related personnel. Bey v. State, 402 A.2d 362, 363 (Del. 1979). Accordingly, this Court has no jurisdiction to hear this untimely appeal. NOW, THEREFORE, IT IS ORDERED, pursuant to Supreme Court Rules 6 and 29(b), that the within appeal is DISMISSED. BY THE COURT: s/Joseph T. Walsh Justice

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