Bellon (Robert) Vs. Dist. Ct. (Raman)

• Court: Nevada Supreme Court
• Decided: June 19, 2020
• Docket: 81251
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

ROBERT LINZY BELLON, No, 81251 Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF FILED CLARK, Respondent, and JAY P. RAMAN, CHIEF DEPUTY DISTRICT ATTORNEY; AND STEVEN B. WOLFSON, CLARK COUNTY DISTRICT ATTORNEY, Real Parties in Interest.

ORDER DENYING PETITION FOR A WRIT OF MANDAMUS

This original pro se petition for a writ of mandamus seeks an order directing the district court to file a notice of entry of order so that petitioner may file an appeal from the district court's denial of his motion to modify his sentence. Contrary to petitioner's assertion otherwise, the district court entered an order denying petitioner's motion for modification of sentence on December 23, 2019. Petitioner filed an appeal from that order, which this court dismissed for lack of jurisdiction because petitioner filed an untimely notice of appeal. Bellon v. State, Docket No. 80657 (Order Dismissing Appeal, March 26, 2020). To the extent petitioner contends that the district court was required file a notice of entry of order to trigger the time to file an appeal, he is incorrect. See Edwards v. State, 112 Nev. 704, 709, 918 P.2d 321, 325 (1996) CNRAP 4(b) provides that [i]n a criminal case, the

SUPREME COURT OF NEVADA

i0) I VITA notice of appeal by a defendant shall be filed in the district court within thirty (30) days after the entry of the judgment or order appealed from."). Therefore, we conclude that this court's intervention by way of extraordinary writ is not warranted. See NRS 34.160; NRAP 21(b)(1); Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) ("Petitioned I cardies] the burden of demonstrating that extraordinary relief is warranted."). Accordingly, we ORDER the petition DENIED.

ileA.A . , C.J. Pickering

jelAital..a , J. Hardesty Stiglich

cc: Robert Linzy Bellon Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

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