Nevada Supreme Court, 2017

Brown (Otis) v. State

Brown (Otis) v. State
Nevada Supreme Court · Decided May 8, 2017

Brown (Otis) v. State

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

OTIS CHARLES BROWN, No. 72835 Appellant, vs. THE STATE OF NEVADA, Respondent.

FILED MAY 0 8 2017 El-11M:111 A. BROWN CLERK F SUPREME COURT t4'..PUTY E.14411.1 CL.

ORDER DISMISSING APPEAL This is a pro se appeal from a district court order denying a "motion to have sentences ran together, concurrent," denying a motion to correct and/or modify an illegal sentence, denying a motion for counsel, and denying a motion to remove district attorney. Fourth Judicial District Court, Elko County; Nancy L. Porter, Judge.

Our review of this appeal reveals jurisdictional defects. The notice of appeal was untimely filed as it relates to the order denying motion to correct and/or modify an illegal sentence. NRAP 4(b); NRAP 26(a); NRAP 26(c). "[A]n untimely notice of appeal fails to vest jurisdiction in this court." Lozada v, State, 110 Nev. 349, 352, 871 P.2d 944, 946 (1994). Further, no statute or court rule provides for an appeal from district courtorders denying a "motion to have sentences ran together, concurrent," denying a motion for counsel, and denying a motion to remove district attorney. The right to appeal is statutory; where no SUPREME COURT OF NEVADA

(0) 1947A .eD 17-1S113 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).

Accordingly, we ORDER this appeal DISMISSED.'

Douglas

Gibbon's Pickering

cc: Hon. Nancy L. Porter, District Judge Otis Charles Brown Attorney General/Carson City Elko County District Attorney Elko County Clerk

'In light of this order, we take no action on the pro se letter filed April 27, 2017.

SUPREME COURT OF NEVADA

(0) 1947A )(4E(0)> 2

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