Nevada Supreme Court, 2017

McMillian (Earl) v. State

McMillian (Earl) v. State
Nevada Supreme Court · Decided April 13, 2017

McMillian (Earl) v. State

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

EARL LEE MCMILLIAN, No. 72616 Appellant, vs. THE STATE OF NEVADA, Respondent.

FILED APR 1 3 2017 ELIZABETH A. BROWN CLERIC 9P1EME COURT BY • DEPUlY CLERK ORDER DISMISSING APPEAL This is a pro se appeal from a district court denying a presentence motion to withdraw a guilty plea. Eighth Judicial District Court, Clark County; Richard Scotti, Judge.

Our review of this appeal reveals a jurisdictional defect. An order denying a presentence motion to withdraw a guilty plea is not a final appealable order; the decision may be challenged on appeal from the judgment of conviction. NRS 177.015(3); NRS 177.045; Hargrove v. State, 100 Nev. 498, 686 P.2d 222 (1984). Accordingly, we lack jurisdiction to consider this appeal, and we ORDER this appeal DISMISSED.

Hardesty

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SUPREME COURT OF NEVADA (0) 1947A afiato 17-12-271 cc: Hon. Richard Scotti, District Judge Earl Lee McMillian Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk Feliciano Law Offices LLC

SUPREME COURT OF NEVADA

(0) 1947A

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