Lopez v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE ALEM LOPEZ, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. § § § § § § § § § § § No. 307, 2006 Court Below: Superior Court of the State of Delaware in and for New Castle County Cr. ID No. 0404018958 Submitted: July 6, 2006 Decided: August 9, 2006 Before BERGER, JACOBS and RIDGELY, Justices. ORDER This 9th day of August 2006, it appears to the Court that: 1) On June 16, 2006, the defendant-appellant, Alem Lopez, filed a pro se notice of appeal from the Superior Court s May 22, 2006 order denying Lopez request that his current counsel be dismissed and new counsel appointed. 2) On June 21, 2006, the Clerk of this Court issued a notice, pursuant to Supreme Court 29(b), directing Lopez to show cause why his appeal should not be dismissed based on this Court's lack of jurisdiction to entertain a criminal interlocutory appeal. On July 6, 2006, Lopez filed a response to the notice to show cause. In his response, Lopez asks the Court to overlook its lack of jurisdiction in the interest of justice. 3) The Superior Court s May 22, 2006 order constitutes an interlocutory ruling in this criminal matter.1 Under the Delaware Constitution, this Court may review only a final judgment in a criminal case.2 As a result, this Court does not have jurisdiction to review the Superior Court s interlocutory ruling in this case.3 NOW, THEREFORE, IT IS ORDERED, pursuant to Supreme Court Rule 29(b), that this appeal is DISMISSED. BY THE COURT: /s/ Jack B. Jacobs Justice 1 See Robinson v. State, 704 A.2d 269, 271 (Del. 1998). Del. Const. art. IV, § 11(1)(b). 3 See Gottlieb v. State, 697 A.2d 400 (Del. 1997); Rash v. State, 318 A.2d 603 (Del. 1974). 2 -2-

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