Warner v. Government of the Virgin Islands

Full title: ELVETH WARNER, Appellant, v. GOVERNMENT OF THE VIRGIN ISLANDS, Appellee

Court: United States District Court, D. Virgin Islands, Division of St. Thomas And St. John, Appellate Division

Date published: Jun 16, 1994

D.C. Crim. App. No. 93-135, T.C. Crim. No. 290-89 (D.V.I. Jun. 16, 1994)

Opinion

D.C. Crim. App. No. 93-135, T.C. Crim. No. 290-89

June 15, 1994

June 16, 1994

Augustin Ayala, Esq., Territorial Public Defender, St. Thomas, V.I. 00801, Attorney for Appellant

Pamela Lynn Wood, Esq., Asst. Atty. General, V.I. Department of Justice, St. Thomas, V.I. 00802, Attorney for Appellee

BEFORE: THOMAS K. MOORE, Chief Judge, District Court of the Virgin Islands; STANLEY S. BROTMAN, Senior Judge of the United States District Court for the District of New Jersey, Sitting by Designation; and MARIA M. CABRET, Judge of the Territorial Court of the Virgin Islands, St. Croix Division, Virgin Islands, Sitting by Designation.

ORDER OF THE COURT

THOMAS K. MOORE, Chief Judge

This matter is before the Court on appeal from the Territorial Court of the Virgin Islands, having been submitted on the parties' briefs without oral argument. Appellant challenges the Territorial Court's sentencing of appellant despite the lengthy delay between acceptance of his guilty plea and sentencing. After due consideration,

IT IS on this 16th day of June, 1994, hereby ORDERED that this matter is DISMISSED for lack of jurisdiction.¹

1 See Monsanto-Swan v. Government of the Virgin Islands, VI BBS 92CR211A.DT2 (D.V.I. APP. May 2, 1994) (finding that this Court lacked jurisdiction to hear an appeal by a criminal appellant after he has pled guilty).