Nevada Supreme Court, 2017

Bayot (Alexander) v. Warden

Bayot (Alexander) v. Warden
Nevada Supreme Court · Decided August 24, 2017

Bayot (Alexander) v. Warden

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

ALEXANDER BERNARD BAYOT, No, 73144 Appellant, vs. FILED ISIDRO BACA, WARDEN, Respondent. AUG 242017 ORDER DISMISSING APPEAL ELIZABETH A BROWN CLERK_Qf p1,1PREME CPU BY 45 • This is a pro se appeal from the "order of affirmance eRTVW8 I-Ffik by the Court of Appeals of the State of Nevada on March 23, 2017 and the remittitur dated April 20, 2017." First Judicial District Court, Carson City; James Todd Russell, Judge.

Our review of this appeal reveals a jurisdictional defect. No statute or court rule permits an appeal from an order of affirmance of the Court of Appeals and from a remittitur. See NRAP 40(B)(a) ("A decision of the Court of Appeals is a final decision that is not reviewable by the Supreme Court except on petition for review."); Castillo t). 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 the document can be construed as a petition for review of the Court of Appeals' order of affirmance entered on March 23, 2017 in Docket No. 71366, it was untimely filed. See NRAP 40B(c). Accordingly, we ORDER this appeal DISMISSED.

,J.

Hardesty

-C2411Mitaatini -.444C4-0 J.

SUPREME COURT Parraguirre Stiglich OF NEVADA

(0) 1947A eD 7r 2 I147474rii cc: Hon. James Todd Russell, District Judge Alexander Bernard Bayot Attorney General/Carson City Clark County District Attorney Carson City Clerk

SUPREME COURT OF NEVADA

(0) 1947A eD iTr.4

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