Martinez v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE HECTOR MARTINEZ, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. § § § § § § § § § § § No. 251, 2010 Court Below Superior Court of the State of Delaware in and for New Castle County Cr. ID No. 0705031476 Submitted: September 20, 2010 Decided: September 24, 2010 ORDER This 24th day of September 2010, the Court has considered the notice to show cause issued to the appellant, Hector Martinez, on August 31, 2010, for his failure to file the opening brief and appendix that were due to be filed on or before August 16, 2010. Martinez has not responded to the notice to show cause and has not filed the opening brief and appendix. Martinez failure to respond to the notice to show cause is deemed to be his consent to the dismissal of this appeal. NOW, THEREFORE, IT IS ORDERED, pursuant to Supreme Court Rules 3(b)(2) and 29(b), that the appeal is DISMISSED. BY THE COURT: /s/ Jack B. Jacobs Justice

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