Simms v. State
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IN THE SUPREME COURT OF THE STATE OF DELAWARE JEFFREY ALONZO SIMMS, § § § § § § § § § § § Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. No. 567, 2011 Court Below Superior Court of the State of Delaware in and for Sussex County and in and for Kent County Cr. ID No. 0207014771 Cr. ID No. 1011003445 Submitted: October 31, 2011 Decided: November 3, 2011 Before HOLLAND, BERGER and JACOBS, Justices. ORDER This 3rd day of November 2011, it appears to the Court that: (1) On October 21, 2011, the appellant, Jeffrey Alonzo Simms, filed a notice of appeal. The notice of appeal identifies two criminal cases, three Superior Court judges, and two orders, neither of which appears on the docket in either of the criminal cases. (2) On October 24, 2011, the Clerk issued a notice directing that Simms show cause why the appeal should not be dismissed on the basis that no final order was entered in the Superior Court on the date given. 1 Simms filed a response to the notice to show cause on October 31, 2011. 1 See Del. Supr. Ct. R. 29(b) (governing involuntary dismissal upon notice of the Court). To a large extent the response is unintelligible, and it does not identify an appealable order. (3) Under the Delaware Constitution, this Court may review a final judgment in a criminal case.2 Because Simms appeal is not from a final judgment in either of the criminal cases he identifies in his notice of appeal, the appeal fails to invoke the Court s jurisdiction. NOW, THEREFORE, IT IS ORDERED, pursuant to Supreme Court Rule 29(b), that the appeal is DISMISSED. BY THE COURT: /s/ Carolyn Berger Justice 2 Del. Const. art. IV, § 11(1)(b). 2
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