Fair (Derrick) Vs. State

• Court: Nevada Supreme Court
• Decided: January 6, 2020
• Docket: 79965
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

DERRICK GARY FAIR, A/K/A GARY No. 79965 DERRICK FAIR, Appellant, vs. FILED THE STATE OF NEVADA, Respondent.

ORDER DISMISSING APPEAL This is a pro se appeal from a purported district court order denying a postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Valerie Adair, Judge. This court's review of this appeal reveals a jurisdictional defect. The documents before this court do not indicate that a postconviction petition for a writ of habeas corpus has been filed in district court case number C-16-319960-1, the district court case number designated in the appeal. Thus, the notice of appeal is premature. See NRS 177.015(3). To the extent that appellant's appeal is in regard to the order denying a motion to modify sentence entered on January 29, 2018, the notice of appeal was untimely filed. Lozada v. State, 110 Nev. 349, 871 P.2d 944 (1994). Accordingly, this court ORDERS this appeal DISMISSED.

s

4,14GA,0 # , J. , J. SUPREME COURT Stiglich Silver OF NEVADA

(0) 1947A 414110. 70-001,S0 11 cc: Hon. Valerie Adair, District Judge Derrick Gary Fair Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk