Gayler (Brandyn) v. State

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

BRANDYN WILLIAM GAYLER, No. 62612 Appellant, vs. THE STATE OF NEVADA, FILED Respondent. APR 0 9 2013 TRACE K. LINDEMAN CLEVOMEWT kV BY t4( DEPUTY CLERK

ORDER DISMISSING APPEAL

This is an appeal from a district court order denying a motion

to reconsider revocation of probation. Eighth Judicial District Court,

Clark County; Jerome T. Tao, Judge.

We ordered appellant's counsel to show cause why this appeal

should not be dismissed because no statute or court rule authorizes an

appeal from an order denying reconsideration. See Phelps v. State, 111

Nev. 1021, 1022, 900 P.2d 344, 345 (1995); Castillo v. State, 106 Nev. 349,

352, 792 P.2d 1133, 1135 (1990). In response, counsel asserts that this

court has jurisdiction because the motion filed below sought to modify the

sentence imposed after revocation of probation. The record before this

court does not establish that appellant sought to modify his sentence and

it does not appear that the district court treated the motion for

reconsideration as a motion to modify. Because appellant has failed to

SUPREME COURT OF NEVADA

(0) I947A

'41-1! establish this court's jurisdiction, we

ORDER this appeal DISMISSED.

A ct_A. t/ezAt'N Hardesty ,J.

o i.ot c ,J. Parraguirre

cc: Hon. Jerome T. Tao, District Judge Turco & Draskovich Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

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