IN THE SUPREME COURT OF THE STATE OF DELAWARE
DERRICK T. HARE, §
§
Defendant Below, § No. 483, 2015
Appellant, §
§
v. § Court Below—Superior Court
§ of the State of Delaware,
STATE OF DELAWARE, § in and for Sussex County
§ Cr. ID No. 0507028339
Plaintiff Below, §
Appellee. §
Submitted: October 13, 2015
Decided: October 15, 2015
ORDER
This 15th day of October 2015, it appears to the Court that:
(1) On September 8, 2015, the appellant filed a notice of appeal that
identified a May 21, 2015 Superior Court violation of probation sentencing order,
but attached an August 7, 2015 Superior Court order denying his motion for review
and/or modification of sentence. The Senior Court Clerk informed the appellant an
appeal of the May 21, 2015 order appeared to be untimely and that if the appellant
intended to appeal the August 7, 2015 order, then he needed to file an amended
notice of appeal by September 23, 2015. The appellant did not respond to the
Senior Court Clerk’s letter or file an amended notice of appeal.
(2) On September 29, 2015, the Senior Court Clerk issued a notice to
show cause, by certified mail, directing the appellant to show cause why this
appeal should not be dismissed for his failure to file the notice of appeal within
thirty days of the May 21, 2015 order. The appellant has not responded to the
notice to show cause within the required ten-day period and therefore dismissal of
this appeal is deemed to be unopposed.
NOW, THEREFORE, IT IS ORDERED, under Supreme Court Rules
3(b)(2) and 29(b), that this appeal is DISMISSED.
BY THE COURT:
/s/ Karen L. Valihura
Justice
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