Johnson (Randy) v. State

• Court: Nevada Supreme Court
• Decided: August 18, 2017
• Docket: 73330
• Status: Unpublished

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

RANDY ROYAL JOHNSON, No. 73330 Appellant, vs. THE STATE OF NEVADA, Respondent. FILED AUG 1 8 2017 Ea.12.A3:::ETH A. MOWN CLERK Of §UPREME COURT t”.". DEPUN CLERK

ORDER DISMISSING APPEAL

This is a pro se appeal from a district court order granting or denying a motion for house arrest. Our review of this appeal reveals jurisdictional defects. Specifically, no statute or court rule provides for an appeal from an order granting or denying a motion for house arrest. 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). Further, review of the district court minutes and docket entries indicate that no such order was entered. To the extent that appellant appeals from the judgment entered on December 13, 2005, the judgment on count III entered on January 24, 2006, and the judgment of conviction entered on January 24, 2006, the notice of appeal was untimely filed. NRAP 4(b); NRAP 26(a); NRAP 26(c). "[PO untimely notice of appeal fails to vest

SUPREME COURT OF NEVADA

4P))3 0) I 947A 444 17-27(0 610 jurisdiction in this court." Lozada v. State, 110 Nev. 349, 352, 871 P.2d 944, 946 (1994). Accordingly, we ORDER this appeal DISMISSED.

/ektbae...0 , J. Stiglich

cc: Chief Judge, The Second Judicial District Court Hon. Steven Elliott, Senior Judge Hon. Elliot A. Sattler, District Judge Randy Royal Johnson Attorney General/Carson City Washoe County District Attorney Washoe District Court Clerk

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