DiMatteo v. State
Annotate this Case
Download PDF
IN THE SUPREME COURT OF THE STATE OF DELAWARE DEBORAH DIMATTEO, Defendant BelowAppellant, v. STATE OF DELAWARE, Plaintiff BelowAppellee. § § § § § § § § § § § No. 122, 2014 Court Below Court of Common Pleas of the State of Delaware, in and for New Castle County Cr. ID 1304021949 Submitted: March 24, 2014 Decided: April 2, 2014 Before HOLLAND, BERGER, and JACOBS, Justices. ORDER This 2nd day of April 2014, it appears to the Court that: (1) On March 10, 2014, the Court received appellant s notice of appeal from a Court of Common Pleas order, entered January 31, 2014, sentencing her for a violation of probation. The Senior Court Clerk issued a notice pursuant to Supreme Court Rule 29(b) directing 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) Appellant filed a response to the notice to show cause on March 24, 2014. Her response argues the relative merits of her appeal and does not address the interlocutory nature of the appeal. (3) This Court has no jurisdiction to consider a criminal appeal directly from the Court of Common Pleas.2 Appellant s notice of appeal should have been filed with the Superior Court within 15 days of her sentencing.3 This Court has no jurisdiction to hear appellant s appeal in the first instance. NOW, THEREFORE, IT IS ORDERED, pursuant to Supreme Court Rule 29(b), that the within appeal is DISMISSED. BY THE COURT: /s/ Carolyn Berger Justice 2 Del. Const. art. IV, § 11(1)(b). 3 Del. Const. art. IV, § 28; Del. Super. Crim. R. 39(a) (2014). -2-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
