Correa v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE GUANGO CORREA, Plaintiff Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. § § § § § § § § § § § No. 81, 2004 Court Below: Superior Court of the State of Delaware, in and for Sussex County Cr. ID No. 0204015491 Submitted: March 11, 2004 Decided: March 31, 2004 Before HOLLAND, BERGER and JACOBS, Justices. ORDER This 31st day of March 2004, the Court has considered the appellant s untimely notice of appeal,1 the notice to show cause issued by the Clerk, and the appellant s response thereto. The Court has concluded that the appellant s failure to timely file his appeal is not attributable to court-related personnel.2 Accordingly, this Court has no jurisdiction to hear this untimely appeal. 1 The notice of appeal was filed on March 3, 2004 from a sentencing order of the Superior Court dated August 19, 2002. 2 Bey v. State, 402 A.2d 362, 363 (Del. 1979). 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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