Butler (Albert) v. State

IN THE SUPREME COURT OF THE STATE OF NEVADA

ALBERT BERNARD BUTLER, No. 72338 Appellant, vs.

THE STATE OF NEVADA, FILED Respondent.

MAY 1 9 2017 ELIZABETP A. BROWN CLERK OF SUPREME COURT ORDER DISMISSING APPEAL BY

This is a pro se appeal from a "district court order granting or denying motion for house arrest." Eighth Judicial District Court, Clark County; Jennifer P. Togliatti, Judge.

Our review of this appeal reveals jurisdictional defects. Specifically, an order granting or denying a motion for house arrest is not an appealable order. Castillo v. State, 106 Nev. 349, 352, 792 P.2d 1133, 1135 (1990) (right to appeal is statutory; where no statute or court rule provides for an appeal, no right to appeal exists). Further, review of the docket entries indicate that no such order was entered. To the extent that appellant appeals from the judgment of conviction, the notice of appeal was untimely filed. NRAP 4(b); NRAP 26(a); NRAP 26(c). "[Amu untimely notice of appeal fails to vest jurisdiction in this court." Lozada v. State, 110 Nev. 349, 352, 871 P.2d 944, 946 (1994). Accordingly, we conclude that we lack jurisdiction to consider this appeal, and we ORDER this appeal DISMISSED.

iCket A 4419-

Hardesty

1:Las in m4L.L .L.0_ SUPREME COURT Parraguirre Stiglich OF

NEVADA (0) 1947A 44,4 cc: Hon. Jennifer P. Togliatti, District Judge Albert Bernard Butler

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk

SUPREME COURT

OF

NEVADA

(C11 1947 2