Nevada Supreme Court, 2016

Stokes Wilson (Brenda) v. State

Stokes Wilson (Brenda) v. State
Nevada Supreme Court · Decided July 11, 2016

Stokes Wilson (Brenda) v. State

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

BRENDA STOKES WILSON, No. 70413 Appellant, vs. THE STATE OF NEVADA, FILED Respondent. JUL 1 1 2016 TRACIE K LINDEMAN ORDER DISMISSING APPEAL CLERK FlUPREME COURT BY 4 7 DEPUTY CLERK This is an appeal from a district court order denying a presentence motion to withdraw guilty plea. Eighth Judicial District Court, Clark County; Kathleen E. Delaney, Judge.

After the initial review of this appeal revealed a jurisdictional defect, we directed appellant's counsel to show cause why this appeal should not be dismissed for lack of jurisdiction. 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).

Appellant's counsel has filed a response to our show-cause order, but has failed to demonstrate cause to allow this appeal to proceed. An order denying a presentence motion to withdraw a guilty plea is not an appealable order; the decision may be challenged on appeal from the judgment of conviction. See Hargrove v. State, 100 Nev. 498, 686 P.2d 222 (1984). Accordingly, we conclude that we lack jurisdiction, and we ORDER this appeal DISMISSED.

J.

Hardesty Cl:52.20 ,J.

SUPREME COURT Saitta OF NEVADA (0) 1947A )94V19 cc: Hon. Kathleen E. Delaney, District Judge Christopher R. Oram Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk Brenda Stokes Wilson

SUPREME COURT OF NEVADA (0) 1947A e

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