Brown (Marlon) v. State

• Court: Nevada Supreme Court
• Decided: March 13, 2019
• Docket: 77806
• Status: Unpublished

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

MARLON LORENZO BROWN, No. 77806 Appellant, vs. THE STATE OF NEVADA, Re SD ondent.

ORDER DISMISSING APPEAL

This is an appeal from a "decision entered in this action on the 29th day of October, 2018 denying Defendant's Motion for Rehearing of Sentence." Eighth Judicial District Court, Clark County; Michelle Leavitt, Judge. The district court docket entries do not indicate that any order denying a motion for rehearing of sentence was entered on October 29, 2018, or any other date. Moreover, no statute or court rule provides for an appeal from an order denying a motion for rehearing of sentence. Appellant's contention that Geary v. State, 112 Nev. 1434, 930 P.2d 719 (1996), clarified on rehearing by Geary v. State, 114 Nev. 110, 952 P.2d 431 (1998), allows for an appeal of such an order lacks merit. And this court declines to address appellant's assertion that the order is appealable pursuant to the reasoning of Hargrove v. State, 100 Nev. 498, 686 P.2d 222 (1984), because counsel fails to support the assertion with cogent argument. See Maresca v. State, 103 Nev. 669, 673, 748 P.2d 3, 6 (1987). Accordingly, as appellant SUPREME COURT fails to demonstrate that the order identified in the notice of appeal is OF NEVADA

(0) 1947A appealable pursuant to statute or court rule, this court lacks jurisdiction, see Trujillo v. State, 129 Nev. 706, 718, 310 P.3d 594, 602 (2103); Castillo v. State, 106 Nev. 349, 352, 792 P.2d 1133, 1135 (1990), and ORDERS this appeal DISMISSED.

Pideu Pickering

OA). Car J. Parraguirre

Cadish iic cc: Hon. Michelle Leavitt, District Judge Mueller Hinds & Associates Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA

(0) 1947A 4D,