Perkins v. State ( 2020 )

IN THE SUPREME COURT OF THE STATE OF DELAWARE
HASINI PERKINS, §
§
Defendant Below, § No. 351, 2020
Appellant, §
§ Court Below—Superior Court
v. § of the State of Delaware
§
STATE OF DELAWARE, § Cr. ID No. 0811004552 (N)
§
Plaintiff Below, §
Appellee. §
Submitted: November 12, 2020
Decided: December 2, 2020
Before VAUGHN, TRAYNOR, and MONTGOMERY-REEVES, Justices.
ORDER
After consideration of the notice to show cause and the parties’ responses, it
appears to the Court that:
(1) On October 22, 2020, the appellant, Hasini Perkins, filed a notice of
appeal from a Superior Court order, dated August 20, 2020 and docketed on August
31, 2020, denying his motion for reduction/modification of sentence. A timely
notice of appeal should have been filed by September 30, 2020.1 The Senior Court
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Supr. Ct. R. 6(a)(iv) (providing notice of appeal must be filed “[w]ithin 30 days after entry upon
the docket of a judgment or order in any proceeding for post-conviction relief”).
Clerk issued a notice directing Perkins to show cause why this appeal should not be
dismissed as untimely filed under Supreme Court Rule 6.
(2) In his response to the notice to show cause, Perkins states that he did
not receive a copy of the order and did not learn of the order until he received a copy
of the Superior Court docket on September 25, 2020. According to the State, the
Department of Correction has no record of incoming mail to Perkins in August or
September. In light of the evidence supporting Perkins’s claim that he did not
receive the August 2020 order in a timely manner, the State suggests that this Court
remand the matter with directions to the Superior Court to reissue the August 2020
order so that Perkins has the opportunity to file a timely notice of appeal.
(3) We agree that the proper course of action is to remand this matter to the
Superior Court. Upon remand, the Superior Court shall reissue the August 2020
order.
NOW, THEREFORE, IT IS ORDERED that the within matter is
REMANDED to the Superior Court for further action in accordance with this order.
Jurisdiction is not retained.
BY THE COURT:
/s/ Gary F. Traynor
Justice
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