IN THE SUPREME COURT OF THE STATE OF NEVADA

ELVIN WAYNE HARPER, JR., No, 72943 Appellant, vs. THE STATE OF NEVADA, Respondent.

ORDER DISMISSING APPEAL This is a pro se appeal from a "district court order granting or denying motion for house arrest." Eighth Judicial District Court, Clark County; Valerie Adair, 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. NEAP 4(b); NRAP 26(a); NRAP 26(c). "[Ajn 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.

J.

SUPREME COURT Gibbdfis Pickering OF NEVADA

(0) 1907A cc: Hon. Valerie Adair, District Judge Elvin Wayne Harper, Jr. Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA

(0) 1947A (0tt0 2