Kostyshyn v. State
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IN THE SUPREME COURT OF THE STATE OF DELAWARE PETER KOSTYSHYN, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. § § § § § § § § § § § No. 541, 2005 Court Below--Court of Common Pleas of the State of Delaware in and for New Castle County Def. ID No. 0502011867 Submitted: October 31, 2005 Decided: December 8, 2005 Before HOLLAND, BERGER and JACOBS, Justices. ORDER This 8th day of December 2005, the Court has considered the notice of appeal filed by the pro se appellant, Peter Kostyshyn, from a decision issued by the Court of Common Pleas.1 It is manifest that the appeal should be DISMISSED,2 sua sponte, for this Court s lack of jurisdiction to consider an appeal directly from the Court of Common Pleas.3 1 It appears from the notice of appeal and the Court of Common Pleas criminal docket that Kostyshyn s appeal is from the Court s September 30, 2005 denial to reconsider its August 18, 2005 dismissal of Kostyshyn s appeal from the Justice of the Peace Court. 2 See Supr. Ct. R. 26(c) (providing for dismissal of an appeal, without notice, sua sponte, when the Court has concluded in the exercise of its discretion that notice of the dismissal would serve no meaningful purpose, and that any response would be of no avail). 3 Del. Const. art. IV, §§ 11(1)(a)-(b), 28; Del. Code Ann. tit. 10, § 1326; Del. Code Ann. tit. 11, § 5301. NOW, THEREFORE, IT IS ORDERED, pursuant to Supreme Court Rule 29(c), that this appeal is DISMISSED. BY THE COURT: /s/ Carolyn Berger Justice 2
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