HAEFNER v. STATE, 748 A.2d 407 (Del. 2000)

RICHARD HAEFNER, Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee.

No. 76, 2000.Supreme Court of Delaware.Submitted: February 22, 2000.
Decided: February 28, 2000.

Appeal from Superior Court of the State of Delaware, in and for New Castle County, in Cr. ID No. 9801008714.

APPEAL DISMISSED.

Before VEASEY, Chief Justice, Walsh and Holland, Justices.

ORDER
This 28th day of February 2000, it appears to the Court that:

1. On February 22, 2000, the appellant filed a document entitled “Petition for Allowance of Appeal” from the interlocutory order of the Superior Court dated January 18, 2000, denying his motion to proceed in forma pauperis.

2. Under the Delaware Constitution, only a final judgment may be reviewed by this Court in a criminal case. Del Const. Art. IV, §11(1)(b). As a result, this Court has no jurisdiction to review an interlocutory appeal in a criminal case. Rash v. State, Del Supr., 318 A.2d 603, (1974); State v. Cooley, Del. Supr., 430 A.2d 789, (1981). This well-settled principle of Delaware constitutional law precludes our consideration of Haefner’s appeal.

NOW, THEREFORE, IT IS ORDERED that this appeal is DISMISSED, sua sponte, pursuant to Supreme Court Rule 29(c).

BY THE COURT:

JOSEPH T. WALSH, Justice