Joyce v. State
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IN THE SUPREME COURT OF THE STATE OF DELAWARE SEAN A. JOYCE, § § § § § § § § § § § Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. No. 351, 2004 Court Below Superior Court of the State of Delaware, in and for New Castle County Cr. ID 0307015153 Submitted: August 27, 2004 Decided: September 17, 2004 Before STEELE, Chief Justice, HOLLAND, and BERGER, Justices. ORDER This 17th day of September 2004, it appears to the Court that: (1) On August 17, 2004, the appellant Sean Joyce filed a notice purporting to appeal from a sentence imposed by the Superior Court on February 26, 2004. The Clerk of this Court issued a notice to Joyce to show cause why his appeal should not be dismissed for his failure to file his notice of appeal within the 30-day appeal period.1 Joyce s response to the rule to show cause does not address the untimeliness of his appeal. 1 See Del. Supr. Ct. R. 6(a)(ii). (2) This Court lacks jurisdiction to consider an appeal when the notice of appeal is not filed in a timely manner unless the appellant can demonstrate that the failure to file a timely notice of appeal is attributable to court-related personnel.2 Joyce does not assert that his failure to timely file his appeal is attributable to court-related personnel in any way. 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/ Randy J. Holland Justice 2 Bey v. State, 402 A.2d 362, 363 (Del. 1979). 2
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