Navarrette (Nicholas) Vs. State

• Court: Nevada Supreme Court
• Decided: June 4, 2020
• Docket: 81194
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

NICHOLAS ANTHONY NAVARRETTE, No. 81193 Appellant, vs. THE STATE OF NEVADA, Respondent.

NICHOLAS ANTHONY NAVARRETTE, No. 81194 Appellant, vs. THE STATE OF NEVADA, Respondent. FILE JUN 0 4 2020 ELIZABETH A. BROWN CLERK,RF §UPRENIE COURT BY f-'), ‘1( DEPUTY CLERK

ORDER DISMISSING APPEALS

These are pro se appeals from the "Court of Appeals order of Affirmance as well as District Courts [sic] Findings of Facts on Habeas Corpus petition." Eighth Judicial District Court, Clark County; Tierra Danielle Jones, Judge. This court's review of these appeals reveals a jurisdictional defect. Specifically, no statute or court rule permits an appeal from an order of affirmance of the Court of Appeals. See NRAP 40B(a) (A decision of the Court of Appeals is a final decision that is not reviewable by the Supreme Court except on petition for review."); Castillo v. State, 106 Nev. 349, 792 P.2d 1133 (1990) (right to appeal is statutory; where no statute or court rule provides for an appeal, no right to appeal exists). To the extent that appellant appeals from the findings of fact, conclusions of law and order entered on July 8, 2019, the notices of appeal were untimely filed. See SUPREME COURT OF NEVADA

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-‘,709k)3 !r;.4 UaNC:Trf I.! V.; 1,7 t r !er."?.."fr .:1Z.01AfF kt,r•-•:ffaXt 1,1311:--lat2 NRAP 4(b); Lozada v. State, 110 Nev. 349, 871 P.2d 944 (1994) (an untimely notice of appeal fails to vest jurisdiction in this court). In addition, that order was already on appeal in Docket No. 79147-COA. A second duplicate appeal may not be pursued. Accordingly, this court ORDERS these appeals DISMISSED.

Air4G4...0 J. Stiglich Silver

cc: Hon. Tierra Danielle Jones, District Judge Nicholas Anthony Navarrette Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA

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