Motta (Carmelo) v. State

• Court: Nevada Supreme Court
• Decided: August 25, 2017
• Docket: 73339
• Status: Unpublished

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

CARMELLO SEBASTION MOTTA, No. 73011 Appellant, VS. THE STATE OF NEVADA, Respondent. CARMELO SABASTION MOTTA, Appellant, 73"9' FILE vs. AUG 2 5 201 THE STATE OF NEVADA, EUZ.A.BETH A. .. Respondent. CLEFU5,0e1SUPREME CtURT

DEPUTY CLERK

ORDER DISMISSING APPEAL IN DOCKET NO. 73339 AND DENYING MOTION TO CONSOLIDATE

Docket No. 73011 is an appeal from a judgment of conviction. Docket No. 73339 is an appeal from an amended judgment of conviction in the same district court case. Fifth Judicial District Court, Nye County; Kimberly A. Wanker, Judge. On July 14, 2017, this court entered an order in Docket No. 73339, directing appellant to show cause why the appeal should not be dismissed for lack of jurisdiction because it appeared that appellant was not aggrieved by the amended judgment of conviction.' In response to the order

a also appears that the amended judgment of conviction, entered in the district court on June 9, 2017, is void because the district court lacked jurisdiction to amend the judgment of conviction where the judgment was the subject of a pending appeal. See e.g. Foster u. Dingwall. 126 Nev. 49. 52-53, 228 P.3d 453. 454-55 (2010); Buffington u. State, 110 Nev. 124. 126. 868 P.2d 643, 644 (1994). Ordinarily, if the district court is inclined to grant relief and amend the judgment of conviction, the district court should certify its inclination and appellant should seek a limited remand pursuant to the procedure outlined in Foster, 126 Nev. at 52-53, 228 P.3d at 454-56. SUPREME COURT OF NEVADA

441p 1 6147A ia:-.OPP 17- 29 (617 to show cause, appellant agrees that he is not aggrieved by the amended judgment of conviction. The appeal in Docket No. 73339 is hereby dismissed. .Based on this dismissal, appellant's motion to consolidate these appeals is denied. Appellant shall have 14 days from the date of this order to file and serve a fast track reply in Docket No. 73011, pursuant to NRAP 3C(e)(3). Failure to file a timely fast track reply may be treated as a waiver of the right to file a reply. It is so ORDERED.

Ardryr-.‘ J. Douglas

PiekM.U/ P ,J \ Pickering Hardesty

cc: Hon. Kimberly A. Wanker, District Judge The Law Office of David Rickert Attorney General/Carson City Nye County District Attorney Nye County Clerk

SUPREME CoURT OF NEVADA

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