Machette v. State
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IN THE SUPREME COURT OF THE STATE OF DELAWARE RICHARD D. MACHETTE, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. § § § § § § § § § § § No. 134, 2009 Court Below Superior Court of the State of Delaware in and for Kent County Cr. ID No. 0608007451 Submitted: May 11, 2009 Decided: August 10, 2009 Before BERGER, JACOBS and RIDGELY, Justices. ORDER This 10th day of August 2009, upon consideration of the appellant s opening brief, the appellee s motion to affirm and the Superior Court record, it appears to the Court that: (1) In July 2007, a Superior Court jury convicted the appellant, Richard D. Machette, of Aggravated Menacing and Possession of a Deadly Weapon During the Commission of a Felony. On October 10, 2007, the Superior Court declared Machette a habitual criminal and sentenced him to a total of thirty years of imprisonment followed by six months of probation. (2) On May 6, 2008, Machette moved pro se for postconviction relief. Machette s motion was referred to a Superior Court Commissioner for a report and recommendation. By report and recommendation dated September 19, 2008, the Superior Court Commissioner recommended that Machette s motion be denied. (3) By order dated March 2, 2009, the Superior Court denied Machette s motion to amend his postconviction motion. The Superior Court gave Machette until March 20, 2009, to file written objections to the Commissioner s report. Machette did not file objections to the Commissioner s report. Instead, he filed this appeal on March 16, 2009.1 (4) It is well-settled that this Court does not have jurisdiction to hear an interlocutory appeal in a criminal case.2 Only a final order in a criminal case is reviewable by this Court.3 (5) The Superior Court s order of March 2, 2009 is not a final appealable order. As a result, this Court does not have jurisdiction to consider Machette s appeal. NOW, THEREFORE, IT IS HEREBY ORDERED that the appeal is DISMISSED, sua sponte, pursuant to Supreme Court Rule 29(c), for lack of jurisdiction. The motion to affirm is moot. BY THE COURT: /s/ Jack B. Jacobs Justice 1 In view of the appeal, the Superior Court, by order dated April 16, 2009, deferred decision on Machette s postconviction motion until return of the record of the record and mandate to that Court. 2 See Sanders v. State, 1998 WL 986027 (Del. Supr.) (citing State v. Cooley, 430 A.2d 789 (Del. 1981)). 3 See Sanders v. State, 1998 WL 986027 (Del. Supr.) (citing Rash v. State, 318 A.2d 603 (Del. 1974)). 2
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