Lewis v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE ALFRED M. LEWIS, JR., No. 520, 2002 Defendant Below, Appellant, v. STATE OF DELAWARE, Court Below: Superior Court of the State of Delaware in and for New Castle County Cr.A. No. IN99-05-0946 and -1349 Cr. ID No. 9905004987 Plaintiff Below, Appellee. Submitted: September 25, 2002 Decided: October 7, 2002 Before WALSH, HOLLAND and BERGER, Justices. ORDER This 7th day of October 2002, upon consideration of the appellant s untimely notice of appeal, the notice of 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/ Randy J. Holland Justice 2

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