Caples (Christian) Vs. State

• Court: Nevada Supreme Court
• Decided: April 30, 2020
• Docket: 80975
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

CHRISTIAN C. CAPLES, No. 80975 Appellant, vs. THE STATE OF NEVADA, FILE Respondent. APR 3 0 620 ELizAet:!_. CLERK F COURT BY DEPUTY CLERK ORDER DISMISSING APPEAL

This is an appeal from a district court "Order Denying Motion for District Court Order for the Nevada Department of Corrections to Correct Christian Caples PED." Eighth Judicial District Court, Clark County; Linda Marie Bell, Judge. No statute or court rule provides for an appeal from the above- mentioned order. Castillo v. State, 106 Nev. 349, 792 P.2d 1133 (1990) (right to appeal is statutory; where no statute or court rule provides for an appeal, no right to appeal exists). To the extent that appellant's appeal is in regard to the order denying a postconviction petition for a writ of habeas corpus entered on January 31, 2019, the notice of appeal was untimely filed. "[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, this court ORDERS this appeal DISMISSED.

Gibbo

A'a.sbaug , J. , J. Stiglich Silver SUPREME COURT OF NEVADA

(0) 1947A ADD 7,0 - OVir cc: Hon. Linda Marie Bell, Chief Judge Christian C. Caples Attorney General/Carson City Attorney General/Las Vegas Eighth District Court Clerk

SUPREME CouRr OE NEVADA

(0) I947A 0451,P 2