IN THE SUPREME COURT OF THE STATE OF DELAWARE

JEROME FRANKS, § § No. 463, 2016 Defendant Below- § Appellant, § § v. § Court Below: Superior Court § of the State of Delaware STATE OF DELAWARE, § § Cr. ID 89K01032DI Plaintiff Below- § Appellee. §

Submitted: September 26, 2016 Decided: October 4, 2016

ORDER

This 4th day of October 2016, it appears to the Court that, on

September 9, 2013, the Senior Court Clerk issued a notice to the appellant to

show cause why this appeal should not be dismissed for his failure to file his

notice of appeal in a timely manner. The appellant failed to respond to the

notice to show cause within the required ten-day period; therefore, dismissal

of this action is deemed to be unopposed.

NOW, THEREFORE, IT IS HEREBY ORDERED, under Supreme

Court Rules 3(b) and 29(b), that the appeal is DISMISSED.

BY THE COURT:

/s/ James T. Vaughn, Jr. Justice