Nevada Supreme Court, 2017

Buford (Eric) v. State

Buford (Eric) v. State
Nevada Supreme Court · Decided August 10, 2017

Buford (Eric) v. State

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

ERIC DANGELO BUFORD, No. 73058 Appellant, vs. THE STATE OF NEVADA, FILED Respondent. AUG 1 0 2017 ELIZABETH A. BROWN ORDER DISMISSING APPEAL CLERIL,F UPFIEME COURT BY 7 edil rE rN-tfr-rel aLau This is a pro se appeal from a "district court order granting or denying motion for house arrest." Eighth Judicial District Court, Clark County; Michael Villani, Judge.

Our review of this appeal reveals jurisdictional defects.

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 order for revocation and third amended judgment of conviction, the notice of appeal was untimely filed. NRAP 4(b); NRAP 26(a); NRAP 26(c). "[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). Accordingly, we ORDER this appeal D S ED.

Gibbons

Al; a aL-0 J.

SUPREME COURT Parraguirre Stiglich OF NEVADA

0)) 1947A cc: Hon. Michael Villani, District Judge Eric Dangelo Buford Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

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