Nevada Supreme Court, 2017

Bellows-Wabanimkee (Antonio) v. State

Bellows-Wabanimkee (Antonio) v. State
Nevada Supreme Court · Decided November 29, 2017

Bellows-Wabanimkee (Antonio) v. State

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

ANTONIO CARLOS BELLOWS- No. 74211 WABANIMKEE, A/K/A ANTONIO BELLOWS, Appellant, vs. THE STATE OF NEVADA, MED Respondent. NOV 2 9 2017

ORDER DISMISSING APPEAL This is an appeal from a district court order "denying [appellant's] briefing requesting reduction to gross misdemeanor." Eighth Judicial District Court, Clark County; Michelle Leavitt, Judge.

Our preliminary review of the appeal and the documents on file revealed a potential jurisdictional defect. Specifically, it appeared that no statute or court rule provides for an appeal from such an order. 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). Accordingly, we directed counsel for appellant to show cause why this appeal should not be dismissed for lack ofjurisdiction. In response, appellant's counsel states that she "does not oppose the dismissal of the appeal for lack of jurisdiction." Because no statute or court rule provides for an appeal from a district court order "denying [appellant's] briefing

SUPREME COURT OF NEVADA

(0) 1947A (414;30 requesting reduction to gross misdemeanor," we lack jurisdiction over this appeal and we, ORDER this appeal DISMISSED.

Gibboris Pickering

cc: Hon. Michelle Leavitt, District Judge Clark County Public Defender Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA

(0) 1947A

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