Miller (Dustin) Vs. State

• Court: Nevada Supreme Court
• Decided: March 5, 2020
• Docket: 79796
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

DUSTON MILLER, A/K/A DUSTIN No. 79795 MILLER, Appellant, vs. THE STATE OF NEVADA, Respondent.

DUSTIN MILLER, A/K/A DUSTON No. 79796 1 MILLER, Appellant, VS.

THE STATE OF NEVADA, F1L Respondent. MAR 0 b EL

BY DEPUTY Cr..I.EZ;:7"-'

ORDER DECONSOLIDATING APPEALS AND DISMISSING APPEAL IN DOCKET NO. 79796

These are pro se appeals from a single district court order denying a postconviction petition for a writ of habeas corpus. These appeals are deconsolidated. This court's further review of the appeal in Docket No. 79796 reveals a jurisdictional defect. On September 23, 2019, appellant filed a pro se notice of appeal. The notice of appeal appears to challenge an order denying a postconviction petition for a writ of habeas corpus. However, the SUPREME COURT OF NEVADA zo-Dtf (0) 1947A aieap documents before this court indicate that no such order has been entered in district court case number C-16-312061-2, the case number designated in the notice of appeal. Thus, this appeal is premature. See NRS 177.015(3) (stating that a defendant only may appeal from a final judgment or verdict). In addition, it does not appear from the district court docket and minute entries that the district court has entered any appealable order. Accordingly, this court ORDERS this appeal DISMISSED.

, J. kriZe/A4M) , J. Stiglich Silver

cc: Hon. Kathleen E. Delaney, District Judge Duston Miller Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk