Parker v. State ( 2018 )

IN THE SUPREME COURT OF THE STATE OF DELAWARE
JUSTIN PARKER, §
§ No. 542, 2017
Defendant Below- §
Appellant, §
§
v. § Court Below—Superior Court
§ of the State of Delaware
STATE OF DELAWARE, §
§ Cr. ID No. 1703009269 (N)
Plaintiff Below- §
Appellee. §
Submitted: December 27, 2017
Decided: January 16, 2018
Before VAUGHN, SEITZ, and TRAYNOR, Justices.
ORDER
This 16th day of January 2018, upon consideration of the notice to show
cause and the appellant’s response and request for an extension of time, it
appears to the Court that:
(1) On December 1, 2017, a Superior Court jury convicted the
appellant, Justin Parker, of multiple criminal offenses and acquitted him of
others. The Superior Court docket reflects that Parker’s sentencing is
scheduled for February 16, 2018. Parker is represented by counsel in the
Superior Court.
(2) On December 15, 2017, Parker filed a pro se notice of appeal
from the jury’s verdict. The Senior Court Clerk issued a notice to Parker
directing him to show cause why the appeal should not be dismissed for this
Court's lack of jurisdiction to entertain an interlocutory appeal in a criminal
matter.
(3) Parker filed a response and request for an extension of time on
December 27, 2017. His response contends that the verdict was final and that
he needs an extension of time to research and respond to why his appeal
should not be dismissed as interlocutory.
(4) Under the Delaware Constitution, only a final judgment may be
reviewed by the Court in a criminal case.1 A criminal conviction is not a final
judgment until the defendant has been sentenced by the trial court.2 Parker
has not yet been sentenced. The Court has no jurisdiction to entertain an
appeal from an interlocutory order in a criminal matter.3
NOW, THEREFORE, IT IS ORDERED that this appeal is hereby
DISMISSED.
BY THE COURT:
/s/ Collins J. Seitz, Jr.
Justice
1
Del. Const. art. IV, § 11(1)(b).
2
Kelly v. State, 1987 WL 38717 (Del. Sept. 15, 1987)
3
Robinson v. State, 704 A.2d 269, 271 (Del. 1998).
2