LAND v. STATE, 900 A.2d 101 (Del. 2006)

MAURICE C. LAND, Defendant Below-Appellant, v. STATE OF DELAWARE, Plaintiff Below-Appellee.

No. 136, 2006.Supreme Court of Delaware.Submitted: March 23, 2006.
Decided: April 21, 2006.

Superior Court of the State of Delaware in and for New Castle County, Cr. ID No. 91005910DI.

Before STEELE, Chief Justice, HOLLAND and RIDGELY,
Justices.

ORDER
MYRON T. STEELE, Chief Justice.

This 21st day of April 2006, upon consideration of the appellant’s untimely notice of appeal,[1] the notice to show cause issued by the Clerk, the appellant’s response,[2] and the appellee’s Memorandum in Support of Dismissal, it appears that the appellant’s failure to timely file his appeal is not attributable to court-related personnel.[3] Accordingly, this Court does not have jurisdiction to hear this untimely appeal.

NOW, THEREFORE, IT IS ORDERED, pursuant to Supreme Court Rules 6(a) (iii) and 29(b), that the within appeal is DISMISSED.

[1] The appellant’s appeal from the Superior Court’s February 7, 2006 order was due to be filed in this Court on or before March 9, 2006, but was not filed until March 14, 2006. Supr. Ct. R. 6(a) (iii).

[2] The appellant states that the envelope containing the notice of appeal was returned to him due to insufficient postage.

[3] Bey v. State, 402 A.2d 362, 363 (Del. 1979).