Wash (Devonte) v. State

• Court: Nevada Supreme Court
• Decided: June 29, 2018
• Docket: 75896
• Status: Unpublished

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

DEVONTE WASH, No. 75896

vs. Appellant, ED THE STATE OF NEVADA, 2 9 2018 Respondent. A. BROWN CLE46- 01;APR&ME COURT ORDER DISMISSING APPEAL Jr--; CLERK

This is a pro se appeal from a purported district court order denying a pretrial petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Eric Johnson, Judge. This court's review of this appeal reveals a jurisdictional defect. Specifically, no order denying a pretrial petition for a writ of habeas corpus was entered.' Rather, the district court took the matter off calendar because appellant's "counsel did not file a writ." Thus, there is no final appealable decision. NRS 177.015(3). Accordingly, we conclude that we lack jurisdiction to consider this appeal, and we ORDER this appeal DISMISSED.

Pickering

Gibboffs Hardesty

'No appeal lies from an order denying a pretrial petition for a writ of habeas corpus. Gary v. Sheriff, 96 Nev. 78, 605 P.2d 212 (1980). The right to appeal is statutory; where no statute or court rule provides for an appeal, no right to appeal exists. Castillo v. State, 106 Nev. 349, 792 P.2d 1133 (1990).

SUPREME COURT OF NEVADA vansetto (0) 1947A yea cc: Hon. Eric Johnson, District Judge Devonte Wash Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk Kenneth G. Frizzell, III

SUPREME COURT OF NEVADA 2 1941A