Kostyshyn v. State
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IN THE SUPREME COURT OF THE STATE OF DELAWARE PETER T. KOSTYSHYN, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § § No. 345, 2002 Court Below Court of Common Pleas of the State of Delaware, in and for New Castle County Case No. 0101010511 Submitted: June 19, 2002 Decided: July 2, 2002 Before VEASEY, Chief Justice, HOLLAND and BERGER, Justices ORDER This 2nd day of July 2002, it appears to the Court that: (1) On June 19, 2002, the defendant-appellant, Peter T. Kostyshyn, filed a notice of appeal from a decision of the Court of Common Pleas finding him guilty of two misdeameanors and sentencing him to a period of incarceration at Level V.1 (2) A criminal defendant convicted and sentenced in the Court of Common Pleas may appeal his conviction to the Superior Court.2 This Court 1 The notice of appeal does not indicate the date of the decision of the Court of Common Pleas or the length of the sentence. 2 DEL. CODE ANN. tit. 11, § 5301; COM. P. CT. CRIM. R. 37. has jurisdiction to review the Superior Court s appellate decision.3 This Court, however, may not receive an appeal directly from the Court of Common Pleas.4 (3) Kostyshyn s appeal manifestly fails to invoke the jurisdiction of this Court.5 Moreover, this Court concludes, in the exercise of its discretion, that the giving of notice would serve no meaningful purpose and that any response would be of no avail. NOW, THEREFORE, IT IS ORDERED that, pursuant to Supreme Court Rule 29(c), the appeal is DISMISSED, sua sponte. BY THE COURT: /s/ Randy J. Holland______________ Justice 3 Rogers v. State, 457 A.2d 727, 730-31 (Del. 1983). 4 DEL. CONST. art. IV, § 11(1) (b). 5 SUPR. CT. R. 29(c). 2
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