Salazar v. State

• Court: Nevada Supreme Court
• Decided: April 22, 2019
• Docket: 78309
• Status: Unpublished

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

ANTHONY R. SALAZAR, No. 78309 Appellant, vs. THE STATE OF NEVADA; THE STATE FHL „„.,„

OF NEVADA DEPARTMENT OF ai E.:ZA CORRECTIONS; JAMES DZURENDA, DIRECTOR; BRIAN WILLIAMS, APR 22 :.?.019 WARDEN; CASE WORKER BAKER; AND DEPUTY DIRECTOR TRISTON, Respondents. DEPUTY CLERK

ORDER DISMISSING APPEAL

This is a pro se appeal from an oral decision of the district court. Eighth Judicial District Court, Clark County; Linda Marie Bell, Judge. Review of the notice of appeal reveals a jurisdictional defect. The oral decision of the district court is ineffective and it does not appear that the district court has entered a written order regarding its oral decision. See Div. of Child and Family Servs. v. Eighth Judicial Dist. Court, 120 Nev. 445, 451, 92 P.3d 1239, 1243 (2004) (holding that "dispositional court orders that are not administrative in nature, but deal with the procedural posture or merits of the underlying controversy, must be written, signed, and filed before they become effective"). Thus, the notice of appeal was prematurely filed and this court lacks jurisdiction. See NRAP 4(a)(6) (providing that "[a] premature notice of appeal does not divest the district court of jurisdiction" and that this "court may dismiss as premature SUPREME COURT OF NEVADA

(0) 1947A a a notice of appeal filed after the oral pronouncement of a decision or order but before entry of the written judgment or order"). Accordingly, this court ORDERS this appeal DISMISSED

Hardesty

J. Stiglich Silver

cc: Hon. Linda Marie Bell, Chief Judge Anthony R. Salazar Attorney General/Carson City Attorney General/Las Vegas Eighth District Court Clerk

'If aggrieved, appellant may file a new notice of appeal once the SUPREME COURT district court enters a written order. OF NEVADA

(0) 1947A ce 2