MUNDY v. STATE, 737 A.2d 531 (Del. 1999)

Mundy v. State.

No. 347, 1999.Supreme Court of Delaware.
August 5, 1999.

Appeal from the Superior Court, New Castle County, Cr 9702002522.

APPEAL DISMISSED

Unpublished Opinion is below.

MICHAEL M. MUNDY, Defendant Below, Appellant v. STATE OF DELAWARE, Plaintiff Below, Appellee. No. 347, 1999. Supreme Court of Delaware. Submitted: July 29, 1999. Decided: August 5, 1999.

Court Below: Superior Court of the State of Delaware, in and for New Castle County, in Cr. ID No. 9702002522.

Before VEASEY, Chief Justice, HARTNETT and BERGER, Justices.

ORDER
This 5th day of August 1999, it appears to the Court that:

1. On July 29, 1999, the appellant has filed a notice of appeal from the interlocutory order of the Superior Court dated July 15, 1999, denying his motion for transcripts.

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).

The order of the Superior Court denying the appellant’s request for transcripts is not appealable as a collateral order before the entry of a final order on any postconviction motion. Browne v. State, Del. Supr., No. 492, 1999, Walsh, J. (Jan. 21, 1992) (ORDER). The Court does not have 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 consider ation of Mundy’s appeal.

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

BY THE COURT: