Staples v. State

• Court: Supreme Court of Delaware
• Decided: September 8, 2023
• Docket: 289, 2023
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF DELAWARE

ANTHONY STAPLES, § § Defendant Below, § No. 289, 2023 Appellant, § § Court Below: Superior Court v. § of the State of Delaware § STATE OF DELAWARE, § Cr. I.D. No. N2206009188 § Appellee. §

Submitted: August 29, 2023 Decided: September 8, 2023

ORDER

On August 16, 2023, the appellant filed this appeal from a Superior Court

sentence imposed on July 7, 2023, following the appellant’s guilty plea on May 8,

2023. A notice of appeal must be timely filed to invoke the Court’s appellate

jurisdiction.1 Under Supreme Court Rules 6 and 11, a timely notice of appeal should

have been filed on or before August 7, 2023. The Senior Court Clerk issued a notice

directing the appellant to show cause why this appeal should not be dismissed as

untimely filed. On August 21, 2023, the Court received the certified mail receipt

indicating that the notice to show cause had been delivered on August 18, 2023. The

appellant having failed to respond to the notice to show cause within the required

ten-day period, dismissal of this action is deemed to be unopposed.

1 Carr v. State, 554 A.2d 778, 779 (Del. 1989). NOW, THEREFORE, IT IS ORDERED, under Supreme Court Rules 3(b)(2)

and 29(b), that the appeal is DISMISSED.

BY THE COURT:

/s/ N. Christopher Griffiths Justice