Blandino (Kim) v. Leavitt

• Court: Nevada Supreme Court
• Decided: August 19, 2022
• Docket: 85072
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

KIM DENNIS BLANDINO, No. 85072 Appellant, VS. THE HONORABLE MICHELLE FILED LEAVITT, DISTRICT JUDGE, riled Respondent. AUS 19 2022

., ELIZAGETH A. BROW. CLERK OF SUPREME COURT ay...‘

DEPUTY CLERK ~

ORDER DISMISSING APPEAL

This is a pro se notice of appeal from an order of the district court dismissing without prejudice appellant’s presentence petition for a writ of habeas corpus. This court’s review of this appeal reveals a jurisdictional defect. Specifically, no appeal lies from an order dismissing without prejudice a presentence petition for a writ of habeas corpus.! See NRS 34.724(1) (stating that a person convicted of a crime and under sentence of death or imprisonment may file a postconviction petition for a writ of habeas corpus); see also State v. Lewis, 124 Nev. 132, 178 P.3d 146 (2008) (stating that an order entered before judgment of conviction is intermediate and not generally a final, appealable determination). The right to appeal is statutory; where no statute or court rule provides for an

appeal, no right to appeal exists. See Castillo v. State, 106 Nev. 349, 352,

1Appellant filed the petition prior to being sentenced in district court case number C-19-341767-1.

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792, P.2d 1133, 1135 (1990). Accordingly, this court lacks jurisdiction to

consider this appeal, and

ORDERS this appeal DISMISSED.°

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ec: Chief Judge, Eighth Judicial District Court Eighth Judicial District Court, Department 12 Kim Dennis Blandino Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

“Given this order, this court denies as moot the pro se emergency motion filed on July 26, 2022.