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ROBERT G. COLLINS, JR., Defendant Below Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee.

ORDER

JOSEPH T. WALSH, Justice.

This 1st day of March 2000, it appears to the Court that:

1. On February 4, 2000, the Clerk issued a notice directing the appellant to show cause why this appeal should not be dismissed pursuant to Supreme Court Rule 29(b) for the appellant's failure to diligently prosecute this appeal by not filing his opening brief and appendix.

2. Because the appellant has 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 HEREBY ORDERED, pursuant to Supreme Court Rules 3(b) and 29(b) that the within appeal is DISMISSED.

An independent review of the Superior Court docket indicates that defendant's motion for reduction of sentence was denied on December 1, 1999. In defendant's notice of appeal, he did not indicate that he wished to appeal this decision; however, even if he had, that appeal, too, would have been untimely, since an appeal from a December 1, 1999, decision would have been due in the Supreme Court on or before December 31, 1999.

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COLLINS v. STATE
(Mar 1, 2000)