IN THE SUPREME COURT OF THE STATE OF NEVADA

MARSHALL BURGESS, JR., No. 73088 Appellant, vs. THE STATE OF NEVADA, Respondent. FILED - JUL 28 2017

ORDER DISMISSING APPEAL This is a pro se appeal from a district court order denying a motion to correct illegal sentence and denying a motion for county jail time.

Second Judicial District Court, Washoe County; Janet J. Berry, Judge.

Our review of this appeal reveals jurisdictional defects.

Specifically, the district court entered its order denying the motions on May 10, 2016. Appellant did not file the notices of appeal, however, until May 15, 2017, well after the expiration of the thirty-day appeal period prescribed by NRAP 4(b). "[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 a district court order denying a motion for county jail time. 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's appeal is in regard to his postconviction petition for a writ of habeas corpus, no decision had been made on the petition when

SUPREME COURT OF NEVADA

(0) 1947A Cipm appellant filed the appeals on May 15, 2017. 1 Accordingly, we conclude that we lack jurisdiction to consider this appeal, and we ORDER this appeal DISMISSED.

Hardesty

,41,itati2 , J.

Stiglich

CC: Hon. Janet J. Berry, District Judge Marshall Burgess, Jr. Attorney General/Carson City Washoe County District Attorney Washoe District Court Clerk

'It appears that the petition was transferred to the Seventh Judicial District Court on November 2, 2016.

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