Edwards (Harold) v. State

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

HAROLD EDWARDS, No. 71077 Appellant, vs. THE STATE OF NEVADA, FILED Respondent. SEP 21 2016 TRACIE K LINCEMAN CLERK OF SUPREME COURT

ORDER DISMISSING APPEAL BY DEPUTY CLERK

This is a pro se appeal from a district court order denying a pretrial petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Jennifer P. Togliatti, Judge. Our review of this appeal reveals a jurisdictional defect. Specifically, no appeal lies from an order denying a pretrial petition for a writ of habeas corpus. See Gary v. Sheriff, 96 Nev. 78, 605 P.2d 212 (1980) (order denying a pretrial habeas relief is an intermediate order that may be challenged in a timely appeal from the judgment of conviction); 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). Accordingly, we conclude that we lack jurisdiction to consider this appeal, and we ORDER this appeal DISMISSED.

Parraguirre

/-16_,S-41Th J. Hardesty SUPREME COURT OF NEVADA

(0) 1947A e ily - 21.33 cc: Hon. Jennifer P. Togliatti, District Judge Harold Edwards Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk Clark County Public Defender

SUPREME COURT OF NEVADA

(0) 1947A 2