Floyd v. State ( 2022 )

IN THE SUPREME COURT OF THE STATE OF DELAWARE
ANTHONY E. FLOYD, §
§
Defendant Below, § No. 389, 2021
Appellant, §
§ Court Below: Superior Court
v. § of the State of Delaware
§
STATE OF DELAWARE, § Cr. I.D. No. 1109019190 (S)
§
Plaintiff Below, §
Appellee. §
§
Submitted: December 21, 2021
Decided: January 4, 2022
ORDER
On December 6, 2021, the appellant, Anthony E. Floyd, filed this appeal from
a Superior Court order dated and docketed on November 2, 2021, that sentenced him
for a violation of probation. A notice of appeal must be timely filed to invoke the
Court’s appellate jurisdiction.1 On December 7, 2021, the Senior Court Clerk issued
a notice directing Floyd to show cause why this appeal should not be dismissed as
untimely filed. On December 13, 2021, the Court received the certified mail receipt
indicating that the notice to show cause had been delivered on December 10, 2021.
A timely response to the notice to show cause was due on or before December 20,
1
Carr v. State, 554 A.2d 778, 779 (Del. 1989). Delaware Supreme Court Rule 6 provides that
appeals must be filed within thirty days.
2021. The appellant having failed to respond to the notice to show cause within the
required ten-day period, dismissal of this action is deemed to be unopposed.
NOW, THEREFORE, IT IS ORDERED, under Supreme Court Rules 3(b)(2)
and 29(b), that the appeal is DISMISSED.
BY THE COURT:
/s/ Karen L. Valihura
Justice
2