Romero-Manzo (Cesar) Vs. State

Nevada Supreme Court

Romero-Manzo (Cesar) Vs. State

DecidedApril 1, 2020

Docket80744

StatusPublished

This text of Romero-Manzo (Cesar) Vs. State (Romero-Manzo (Cesar) Vs. State) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Romero-Manzo (Cesar) Vs. State, (Neb. 2020).

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IN THE SUPREME COURT OF THE STATE OF NEVADA

CESAR EDUARDO ROMERO-MANZO, No. 80744 Appellant, vs. THE STATE OF NEVADA, Respondent. FILED APR 0 1 2020 BROWN CLERK S •RE BY DEPUTY CLERK

ORDER DISMISSING APPEAL

This is a pro se appeal from "the Findings of Fact, Conclusions of Law and Order denying/dismissing Petition for Writ of Habeas Corpus." Second Judicial District Court, Washoe County; Kathleen M. Drakulich, Judge; Janet Berry, Judge. This court's review of this appeal reveals jurisdictional defects. Specifically, no decision had been made on the petition when appellant filed his notices of appeal on March 3, 2020, and March 4, 2020. Thus, the notices of appeal are premature. See NRS 177.015(3) (stating that a defendant only may appeal from a final judgment or verdict). To the extent that appellant's appeal is in regard to the judgment of conviction entered on December 15, 2016, the notices of appeal are untimely filed. Lozada v. State, 110 Nev. 349, 871 P.2d 944 (1994) (explaining that an untimely notice of appeal fails to vest jurisdiction in this court). To the extent that appellant's appeal is in regard to the "Order (1) to Supplement Motion for Withdrawal of Attorney; and (2) Vacating November 8, 2019 Evidentiary Hearing," no statute or court rule provides for an appeal from such an order. Castillo v. State, 106

SUPREME COURT Nev. 349, 792 P.2d 1133 (1990) (right to appeal is statutory; where no OF NEVADA

(0) 1947A .40.0. 7/4 /7'03 statute or court rule provides for an appeal, no right to appeal exists). Accordingly, this court ORDERS this appeal DISMISSED.

Parraguirre

/ AO-A &e-t-4.:t•N ,J. Hardesty Cadish

cc: Chief Judge, Second Judicial District Court Hon. Janet Berry, Senior Judge Hon. Kathleen M. Drakulich, District Judge Cesar Eduardo Romero-Manzo Attorney General/Carson City Washoe County District Attorney Washoe District Court Clerk

SUPREME COURT Of NEVADA

(0) 1.447A AN. 2 11111111=1 •Ci

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IN THE SUPREME COURT OF THE STATE OF NEVADA

CESAR EDUARDO ROMERO-MANZO, No. 80744 Appellant, vs. THE STATE OF NEVADA, Respondent. FILED APR 0 1 2020 BROWN CLERK S •RE BY DEPUTY CLERK

ORDER DISMISSING APPEAL

This is a pro se appeal from "the Findings of Fact, Conclusions of Law and Order denying/dismissing Petition for Writ of Habeas Corpus." Second Judicial District Court, Washoe County; Kathleen M. Drakulich, Judge; Janet Berry, Judge. This court's review of this appeal reveals jurisdictional defects. Specifically, no decision had been made on the petition when appellant filed his notices of appeal on March 3, 2020, and March 4, 2020. Thus, the notices of appeal are premature. See NRS 177.015(3) (stating that a defendant only may appeal from a final judgment or verdict). To the extent that appellant's appeal is in regard to the judgment of conviction entered on December 15, 2016, the notices of appeal are untimely filed. Lozada v. State, 110 Nev. 349, 871 P.2d 944 (1994) (explaining that an untimely notice of appeal fails to vest jurisdiction in this court). To the extent that appellant's appeal is in regard to the "Order (1) to Supplement Motion for Withdrawal of Attorney; and (2) Vacating November 8, 2019 Evidentiary Hearing," no statute or court rule provides for an appeal from such an order. Castillo v. State, 106

SUPREME COURT Nev. 349, 792 P.2d 1133 (1990) (right to appeal is statutory; where no OF NEVADA

(0) 1947A .40.0. 7/4 /7'03 statute or court rule provides for an appeal, no right to appeal exists). Accordingly, this court ORDERS this appeal DISMISSED.

Parraguirre

/ AO-A &e-t-4.:t•N ,J. Hardesty Cadish

cc: Chief Judge, Second Judicial District Court Hon. Janet Berry, Senior Judge Hon. Kathleen M. Drakulich, District Judge Cesar Eduardo Romero-Manzo Attorney General/Carson City Washoe County District Attorney Washoe District Court Clerk

SUPREME COURT Of NEVADA

(0) 1.447A AN. 2 11111111=1 •Ci

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