Nevada Supreme Court, 2016

Berwick (Frank) v. State

Berwick (Frank) v. State
Nevada Supreme Court · Decided March 30, 2016

Berwick (Frank) v. State

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

FRANK JAMES BERWICK, No. 69765 Appellant, vs. THE STATE OF NEVADA, Respondent. FILE MAR 30 2016 TRACIE K LI - NDEt 8CLERK C.)F;,UPREME'C'OIRT r DEPUTY CLEfj

ORDER DISMISSING APPEAL

This is an appeal from a district court order denying a request for an honorable discharge from probation. Eighth Judicial District Court, Clark County; Valerie Adair, Judge.

Our preliminary review of this appeal revealed a jurisdictional defect. Specifically, it appeared that no statute or court rule provides for an appeal from the aforementioned order. See Castillo v. State, 106 Nev. 349, 792 P.2d 1133 (1990) (right to appeal is statutory; where no statute or court rule provides for an appeal, no right to appeal exists). Therefore, on March 1, 2016, we ordered appellant's counsel to show cause why this appeal should not be dismissed for lack of jurisdiction. In response to the show-cause order, appellant's counsel concedes that no statute or court rule provides for the order being challenged on appeal. Because no statute or court rule provides for an appeal from a district court order denying a SUPREME COURT OF NEVADA

(0) 1947A it,-09cloo request for an honorable discharge from probation, we lack jurisdiction to consider this appeal, and we ORDER this appeal DISMISSED.

Hardesty

Saitta Pickering

cc: Hon. Valerie Adair, District Judge Clark County Public Defender Frank James Berwick Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA

(0) 1947A

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