Delaware Trial Handbook § 28:6. ENTRY OF JUDGMENT IN CRIMINAL CASES

In criminal cases, the imposition of sentence constitutes the judgment of the court and is final when imposed.81 The appeal time begins to run on the date the sentence is imposed, and the pendency of a post-conviction motion for a new trial does not affect finality and cannot extend the time for appeal.82 A judgment of conviction, as entered in the docket, must set forth the plea, the verdict or findings, and the adjudication and sentence. If the defendant is found not guilty or for any reason is entitled to be discharged, judgment must be entered accordingly. The judgment must be signed by the judge and entered by the Prothonotary, Clerk of the Court or Justice of the Peace, depending on the court.83

81. Norman v. State, 177 A.2d 347, 349 (Del. 1962).

82. Supr. Ct. R. 6; Katcher v. Martin, 597 A.2d 352, 353 n.1 (Del. 1991); Eller v. State, 531 A.2d 948, 950-51 (Del. 1987).

83. Super. Ct. Cr. R. 32(b); Comm. Pls. Ct. Cr. R. 32(d); Fam. Ct. Cr. R. 32(b); J.P. Ct. Cr. R. 22(b).

© 2010  David L. Finger