Essex, Jr. (Richard) Vs. State

461 P.3d 168

• Court: Nevada Supreme Court
• Decided: April 17, 2020
• Docket: 80614
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

RICHARD EARL ESSEX, JR., No. 80614 Appellant, vs. F"' ED THE STATE OF NEVADA, APR 1 7 2020 Respondent. EL qP,F-3ETI A. BROWN CLERK' OF :-1.TREME .. COURT ., ORDER DISMISSING APPEAL UY--5N DEikiCCLER

This is an appeal from a district court order finding appellant competent to stand trial. Eighth Judicial District Court, Clark County; Linda Marie Bell, Judge. Because no statute or court rule provides for an appeal from an order finding a criminal defendant to be competent to stand trial, this court directed appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. Castillo u. 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). Appellant has responded and concedes no authority supports this appeal, but argues that due process will be violated if appellant is not permitted to appeal at this time in the proceedings. This court's appellate jurisdiction is governed by statute and court rule. This court lacks jurisdiction, and therefore ORDERS this appeal DISMISSED.

J. Hardesty Cadish

SUPREME COURT Off NEVADA

(0) 1947A cc: Hon. Linda Marie Bell, Chief Judge TCM Law Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA

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