Nevada Supreme Court, 2016

Wimbley (Darrel) v. State

Wimbley (Darrel) v. State
Nevada Supreme Court · Decided November 23, 2016

Wimbley (Darrel) v. State

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

DARREL WAYNE WIMBLEY, No. 71455 vs. Appellant, FILED THE STATE OF NEVADA, Respondent. NOV 2 3 2016

ORDER DISMISSING APPEAL This appeal was initiated by the filing of a pro se notice of appeal. Eighth Judicial District Court, Clark County; Kathleen E.

Delaney, Judge.

On October 3, 2016, appellant filed a notice of appeal. No appealable order was designated in the notice of appeal. The documents before this court indicate that appellant has not yet been sentenced. ,4 Although NRS 177.015(3) indicates that appellant may appeal from a

final judgment or verdict in a criminal case," there was no final judgment or verdict that could be the subject of this appeal. Because there was not an "announcement of a decision, sentence or order" at the time appellant filed his notice of appeal, we cannot treat this as a premature appeal from the judgment of conviction. See NRAP 4(b)(2). Based on appellant's failure to designate an appealable order, we ORDER this appeal DISMISSED.

C.J.

, J.

Hardesty Pickering SUPREME COURT OF NEVADA

(0) 1947A e )(p 3A-kp cc: Hon. Kathleen E. Delaney, District Judge Darrel Wayne Wimbley Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA

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