Allen v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE GARY M. ALLEN, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. § § § § § § § § § § § No. 674, 2002 Court Below: Superior Court of the State of Delaware, in and for New Castle County Cr. A. Nos. IN78-04-0415, IN92-05-0052, and IN92-08-0446 Cr. ID No. 86010663DI Before VEASEY, Chief Justice, WALSH, and HOLLAND, Justices. ORDER This 24th day of January 2003, upon consideration of the appellant s untimely notice of appeal, the notice to show cause issued by the Clerk, the appellant s response thereto and the appellee s Memorandum in Support of Dismissal, it appears that the appellant s failure to timely file his appeal is not attributable to court-related personnel. 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 Bey v. State, 402 A.2d 362, 363 (Del. 1979).

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