Correa v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE GUANGO F. CORREA, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § No. 151, 2011 § § § § § § § § § Submitted: April 6, 2011 Decided: April 12, 2011 Before STEELE, Chief Justice, HOLLAND and BERGER, Justices ORDER This 12th day of April 2011, it appears to the Court that: (1) On March 28, 2011, the Court received the appellant s notice of appeal from a sentencing order of the Court of Common Pleas. On the same date, the Clerk issued a notice pursuant to Supreme Court Rule 29(b) directing the appellant to show cause why the appeal should not be dismissed based upon this Court s lack of jurisdiction to consider a criminal appeal directly from the Court of Common Pleas.1 1 Del. Const. art. IV, §11(1)(b); Ct. Com. Pl. Crim. R. 37. (2) The appellant filed his response to the notice to show cause on April 6, 2011. In the response, the appellant states that the Court of Common Pleas sentencing order contains mistakes that should be corrected. (3) This Court does not have jurisdiction to consider a criminal appeal directly from the Court of Common Pleas.2 Therefore, the appellant s instant appeal must be dismissed on jurisdictional grounds. NOW, THEREFORE, IT IS ORDERED that, pursuant to Supreme Court Rule 29(b), the appeal is DISMISSED. BY THE COURT: /s/ Randy J. Holland Justice 2 Id. 2

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