Stewart (Robert) v. State

Appellant failed to allege cause for the delay or undue prejudice in his petition. Therefore, the district court did not err in denying the petition as procedurally barred, and we ORDER the judgment of the district court AFFIRMED. 2

Pickering fas

Piaeu 7 , J.

Saitta cc: Hon. Michelle Leavitt, District Judge Robert Earl Stewart

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk

2 To the extent that appellant was appealing from the denial of his Rule 60(b) motion, the denial of such a motion is not an appealable decision in a criminal case. Castillo v. State, 106 Nev. 349, 352, 792 P.2d 1133, 1135 (1990).

SUPREME COURT

OF

NEVADA (0) 1947A