Albanese v. State
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IN THE SUPREME COURT OF THE STATE OF DELAWARE MICHAEL ALBANESE, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 134, 2017 Court Below—Court of Common Pleas of the State of Delaware Cr. ID 1506020125 Submitted: April 4, 2017 Decided: April 20, 2017 Before STRINE, Chief Justice; VALIHURA and SEITZ, Justices. ORDER This 20th day of April 2017, it appears to the Court that: (1) On March 27, 2017, the Court received the appellant’s notice of appeal from a Court of Common Pleas order sentencing him for a violation of probation. The Senior Court Clerk issued a notice under Supreme Court Rule 29(b) directing the 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) The appellant filed a response to the notice to show cause on April 4, 2017. His response does not address the jurisdictional defect. (3) This Court has no jurisdiction to consider an appeal directly from the Court of Common Pleas.2 In the absence of jurisdiction, the appeal must be dismissed. NOW, THEREFORE, IT IS ORDERED that the appeal is DISMISSED. BY THE COURT: /s/ Leo E. Strine, Jr. Chief Justice 2 Id. 2
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