McIlvain v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE SHAWN A. MCILVAIN, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. § § § § § § § § § § § No. 198, 2004 Court Below Superior Court of the State of Delaware, in and for New Castle County Cr.A. No. IN03-10-2320 Cr. ID 0309014836 Submitted: May 18, 2004 Decided: June 8, 2004 Before STEELE, Chief Justice, BERGER, and JACOBS, Justices. ORDER This 8th day of June 2004, upon consideration of the appellant s untimely notice of appeal from his guilty plea and sentence, the notice to 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.* 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/ Myron T. Steele Chief Justice * Bey v. State, 402 A.2d 362, 363 (Del. 1979).

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