CHAPTER 342

FORMERLY

HOUSE BILL NO. 551

AS AMENDED BY HOUSE AMENDMENT NO. 1

AND SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 7, PART I, TITLE 21 OF THE DELAWARE CODE RELATING TO APPEALS FROM CONVICTIONS IN INFERIOR COURTS TO THE SUPERIOR COURT.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §708, Chapter 7, Part I, Title 21 of the Delnwnre Code by striking said section in its entirety and substituting in lieu thereof a new §708 to rend ns follows:

"§708. Appeal

(1) any person convicted under this Title, or under any Municipal Ordinance or other law, for a motor vehicle violation within the State of Delaware before en Alderman or Mayor of any incorporated City or Town, except the City of Wilmington, shall have the right of an appeal, unless otherwise stated in this Title, to the Superior court, upon giving bond in the sum of $500 to the State with surety satisfactory to the Mayor or Judge before whom such person was convicted, such appeal to be token rind bond given within 15 days from time of conviction. Such appeal shall operate as n stay or supersedetis of all proceedings in the court below in the same manner that a certiorari from the Superior Court operates. The taking of such appeal shall constitute a waiver by the appellant of his right to a writ of certiorari in the Superior Court.

(2) Except as provided in paragraph (1) of this Section, any person convicted under this Title, shall have the right of en Eippeal to the Superior Court only in those eases in which the sentence imposed was imprisonment, or n fine exceeding one hundred dollars ($100.00), upon giving bond with surety satisfactory to the Alderman, Justice of the Pence or a Judge before whom such person was convicted, such appeal to be taken and bond given within fifteen days from the time of conviction. Such appeal shall operate as a stay or supersedeas of all proceedings in the court below in the seine manner that a certiorari from the Superior Court operates. The taking of such appeal shall constitute a waiver by the appellant of his right to a writ of certiorari In the Superior Court."

Section 2. This Act shall apply only to crimes committed after the effective date hereof.

Approved July 9, 1982.