Kirkendall (Andy) v. State

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

ANDY LEE KIRKENDALL, No. 73902 Appellant, vs. THE STATE OF NEVADA, FILED Respondent. DEC 0 1 2017 ELIZABETH A. DROWN CLERK OF UPREME COURT

ORDER DISMISSING APPEAL By 5 ' DEPUTY CLERK

This is an appeal from an order denying a pretrial petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Kerry Louise Earley, Judge. Appellant has responded to our order to show cause regarding this court's lack of jurisdiction, and we conclude that we lack jurisdiction. Appellant may not appeal from an order denying a pretrial petition for a writ of habeas corpus. See Gary v. Sheriff, 96 Nev. 78, 605 P.2d 212 (1980) (order denying pretrial habeas relief is an intermediate order that may be challenged in a timely appeal from the judgment of conviction); see also Sheriff v. Gillock, 112 Nev. 213, 912 P.2d 274 (1996) (only the State may appeal from a district court order granting in part and denying in part a pretrial petition for a writ of habeas corpus). Accordingly, we ORDER this appeal DISMISSED.

Hardesty

J. Par? aguirre SarbaujI Stiglich

SUPREME COURT OF NEVADA

MI 1947A 17- 404q(8 cc: Hon. Kerry Louise Earley, District Judge Clark County Public Defender Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

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