Harris (Brandon) v. State

• Court: Nevada Supreme Court
• Decided: March 4, 2016
• Docket: 69485
• Status: Unpublished

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

BRANDON KALE HARRIS, No. 69485 Appellant, vs. FILED THE STATE OF NEVADA, Respondent. MAR 0 4 2016 TRACIE K. LINDEMAN CLERK OF SUPREME COURT . ORDER DISMISSING APPEAL BY DEPUTY CLERK

This is a pro se appeal from a district court order denying a motion to modify and/or correct illegal sentence and a motion to vacate/reverse ruling of writ of habeas corpus and grant in full. Eighth Judicial District Court, Clark County; Kerry Louise Earley, Judge. Our review of this appeal reveals jurisdictional defects. The notice of appeal from the order denying a motion to modify and/or correct illegal sentence was untimely filed. NRAP 4(b); NRS 34.575(1); NRAP 26(a); NRAP 26(c). Because an untimely notice of appeal fails to vest jurisdiction in this court, Lozada v. State, 110 Nev. 349, 352, 871 P.2d 944, 946 (1994), we conclude that we lack jurisdiction to consider this portion of this appeal. Further, no statute or court rule permits an appeal from an order denying a motion to vacate/reverse ruling of writ of habeas corpus and grant in full. Castillo v. State, 106 Nev. 349, 352, 792 P.2d 1133, 1135 (1990). Accordingly, we ORDER this appeal DISMISSED.

Hardesty

Saitta SUPREME COURT OF NEVADA

(0) 1947A He -0701c cc: Hon. Kerry Louise Earley, District Judge Brandon Kale Harris Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA

(0) 1947A e 2