McMillian (Earl) v. State

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.

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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