Albritton (Darius) v. State

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

DARIUS ALBRITTON, JR., No. 73128 Appellant,

vs.

THE STATE OF NEVADA,

Respondent. JUN 69

ORDER DISMISSING APPEAL

This is a pro se appeal from a "district court order granting or denying motion for house arrest." Eighth Judicial District Court, Clark County; Jennifer P. Togliatti, Judge.

Our review of this appeal reveals jurisdictional defects, Specifically, an order granting or denying a motion for house arrest is not an appealable order. Castillo v. State, 106 Nev. 349, 352, 792 P.2d 1133, 1135 (1990) (right to appeal is statutory; where no statute or court rule provides for an appeal, no right to appeal exists). Further, review of the district court minutes and docket entries indicate that no such order was entered. To the extent that appellant appeals from the order for revocation of probation and amended judgment of conviction, the notice of appeal was untimely filed. NRAP 40:0; NRAP 26(a); NRAP 26(c). "[A n untimely notice ]

of appeal fails to vest jurisdiction in this court." Lozada v. State, 110 Nev. 349, 352, 871 P.2d 944, 946 (1994). Accordingly, we conclude that we lack jurisdiction to consider this appeal, and we ORDER this appeal DISMISSED.

Hardesty

SUPREME COURT OF

Q

Parraguirre

J. Atteick.0 Stiglich

NEVADA

(0) 1907A 171q1,1

2

cc: Hon. Jennifer P. Togliatti, District Judge Law Office of John J. Momot Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk Darius Albritton, Jr.

SUPREME COURT OF NEVADA

(Oi 194Th