Cox v. State

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IN THE SUPREME COURT OF THE STATE OF DELAWARE CHARLEEN COX, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. § § § § § § § § § § § No. 415, 2012 Court Below Superior Court of the State of Delaware in and for Kent County Cr. ID Nos. 1011000920 1102016138 1102017638 Submitted: August 14, 2012 Decided: August 14, 2012 ORDER This 14th day of August 2012, the Court has considered the notice to show cause issued to the appellant, Charleen Cox, for her failure to file the notice of appeal within thirty days of the April 27, 2012 order denying her motion for modification of sentence.1 Cox has not responded to the notice to show cause.2 Cox s failure to respond to the notice to show cause is deemed to be her 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/ Randy J. Holland Justice 1 See Del. Supr. Ct. R. 6(a)(iii) (providing for thirty-day period to file notice of appeal from an order in any proceeding for postconviction relief). 2 The record reflects that Cox received the notice to show cause on July 31, 2012. See Del. Supr. Ct. R. 29(b) (providing for ten-day period to respond to notice to show cause).

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