IN THE SUPREME COURT OF THE STATE OF NEVADA

LARRY JAMES WASHINGTON, No. 67111 Appellant, vs. THE STATE OF NEVADA, FILED Respondent.

JAN 1 2 2017

ORDER DISMISSING APPEAL This is an appeal from a district court decision granting a postconviction petition for a writ of habeas corpus. Although we previously indicated that we have jurisdiction over this appeal, Washington v. State, Docket No. 67111 (Order, May 12, 2015), further review of the record reveals a jurisdictional defect. Specifically, no statute or court rule authorizes a petitioner to appeal from a district court order granting a postconviction petition for a writ of habeas corpus. See NRS 34.575(2); NRAP 22. 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, 352, 792 P.2d 1133, 1135 (1990). We conclude that we lack jurisdiction and therefore ORDER this appeal DISMISSED.'

Gibbons Pickering

1 We deny appellant's pending motions as moot.

SUPREME COURT OF NEVADA

(0) 1947A 11-61252 cc: Hon. Douglas Smith, District Judge Larry James Washington Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA (0) 1947A Ca)1.•