Cooper v. State
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IN THE SUPREME COURT OF THE STATE OF DELAWARE NICOLE COOPER, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. § § § § § § § § § § § No. 315, 2013 Court Below Court of Common Pleas of the State of Delaware, in and for New Castle County Cr. ID Nos. 1107020185 and 1009020973 Submitted: July 9, 2013 Decided: July 12, 2013 Before BERGER, JACOBS, and RIDGELY, Justices. ORDER This 12th day of July 2013, it appears to the Court that: (1) On June 17, 2013, the Court received appellant s notice of appeal from a violation of probation sentence entered by the Court of Common Pleas on April 5, 2013. The Senior Court Clerk issued a notice pursuant to Supreme Court Rule 29(b) directing appellant to show cause why the appeal should not be dismissed for this Court s lack of jurisdiction to consider an appeal directly from the Court of Common Pleas.1 1 Del. Const. art. IV, § 11(1)(b). (2) Appellant filed a response to the notice to show cause on July 9, 2013. Her response argues the relative merits of her appeal and does not address the interlocutory nature of the appeal. (3) This Court has no jurisdiction to consider a criminal appeal directly from the Court of Common Pleas.2 Appellant s notice of appeal should have been filed with the Superior Court within 15 days of her sentencing.3 NOW, THEREFORE, IT IS ORDERED, pursuant to Supreme Court Rule 29(b), that the within appeal is DISMISSED. BY THE COURT: /s/ Jack B. Jacobs Justice 2 Del. Const. art. IV, § 11(1)(b). 3 Del. Const. art. IV, § 28; Del. Super. Crim. R. 39(a) (2013). -2-
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