Sharp (Mark) v. State

IN THE SUPREME COURT OF THE STATE OF NEVADA

MARK LEONARD SHARP, No, 72935 vs.

Appellant,

FILED THE STATE OF NEVADA,

Respondent. JUL 0 7 2017 ELIZABETH A. BROWN CLERK OF $UPREME COURT ORDER DISMISSING APPEAL BY DEPOT= This is a pro se appeal from a district court order appointing postconviction counsel and denying a request for judgment on the pleadings. Sixth Judicial District Court, Humboldt County; Michael Montero, Judge.

Our review of this appeal reveals a jurisdictional defect. No statute or court rule provides for an appeal from a district court order appointing postconviction counsel and denying a request for judgment on the pleadings. 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). To the extent that appellant appeals in regard to the postconviction petition for a writ of habeas corpus, no decision, oral or written, had been made on the petition when appellant filed his appeal on April 24, 2017. Accordingly, we conclude that we lack jurisdiction, and we

ORDER this appeal DISMISSED.

J.

SUPREME COURT

OF

NEVADA (0)1Y47A

1 7- 2 25 11 E3A4M .4: 14, cc: Hon. Michael Montero, District Judge

Mark Leonard Sharp

Attorney General/Carson City

Humboldt County District Attorney

Humboldt County Clerk

SUPREME COURT

OF

NEVADA

10) P)47A

41.1,_•••.."1'41;