Kostyshyn v. State
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IN THE SUPREME COURT OF THE STATE OF DELAWARE PETER T. KOSTYSHYN, § § § § § § § § § § § Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. No. 42, 2003 Court Below: Court of Common Pleas of the State of Delaware in and for New Castle County Submitted: January 28, 2003 Decided: February 21, 2003 Before VEASEY, Chief Justice, WALSH, and HOLLAND, Justices. ORDER This 21st day of February 2003, it appears to the Court that: 1. On January 28, 2003, Peter T. Kostyshyn, appearing pro se, filed a notice of appeal from a sentence rendered in the Court of Common Pleas on January 24, 2003. 2. This Court s appellate jurisdiction in criminal cases is limited to appeals from the Superior Court.1 A criminal defendant convicted and sentenced in the Court of Common Pleas may appeal his conviction to the Superior Court.2 1 DEL. CONST. art. IV, § 11(1)(b). 2 11 Del. C. § 5301; DEL. CT. C.P. CRIM. R. 37. 3. Kostyshyn s appeal manifestly fails to invoke the jurisdiction of this Court.3 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/Joseph T. Walsh Justice 3 SUPR. CT. R. 29(c). 2
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