Tau, Jr. (Manuel) v. State

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

MANIJEL TAU, JR., No. 73292 Appellant,

vs.

THE STATE OF NEVADA,

FILED

Respondent.

ORDER DISMISSING APPEAL

This is a pro se appeal from a "district court order granting or denying motion for house arrest." Eighth Judicial District Court, Clark County; Valerie Adair, Judge.

Our review of this appeal reveals jurisdictional defects.

Specifically, no statute or court rule provides for an appeal from an order granting or denying a motion for house arrest. Castillo v. State, 106 Nev. 349, 352, 792 P.2d 1133, 1135 (1990) (right to appeal is statutory; where no statute or court rule provides for an appeal, no right to appeal exists). Further, review of the district court minutes and docket entries indicate that no such order was entered. To the extent that appellant appeals from the judgment of conviction, the notice of appeal was untimely filed. NRAP 4(b); NRAP 26(a); NRAP 26(c). "[Ain untimely notice of appeal fails to vest jurisdiction in this court." Lozada v. State, 110 Nev. 349, 352, 871 P.2d 944, 946 (1994). Accordingly, we ORDER this appeal DISMISSED.

Gibbons

Al; etepi

SUPREME COURT Parraguirre Stiglich OF NEVADA

(0) 1947A cc: Hon. Valerie Adair, District Judge Manuel Tau, Jr. Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA

(C) 1947A e 2