Duran (David) v. State

IN THE SUPREME COURT OF THE STATE OF NEVADA

DAVID DURAN, No. 73338 Appellant, vs.

THE STATE OF NEVADA,

Respondent.

FILED JUL 17 2017 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; William D. Kephart, Judge.

Our review of this appeal reveals a jurisdictional defect. Specifically, no statute or court rule provides for an appeal from an order granting or denying a motion for house arrest. 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 district court minutes and 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). "[Ain 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 ORDER this appeal DISMISSED.

Hardesty

ALCIr

Ale4G4A Parraguirre j. Stiglich SUPREME COURT

OF

NEVADA

(0) 1947A

177,231023 cc: Hon. William D. Kephart, District Judge

David Dunn

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk

SUPREME COURT

OF

NEVADA

(0) 1947A