Cardenas (Kenneth) v. State

Nevada Supreme Court

Cardenas (Kenneth) v. State

Opinion

IN THE SUPRE1VFE COURT Orl'HE STATE OF NEVADA

KENNETH WILLIAM CARDENAS, No. 74157 Appellant, vs. THE STATE OF NEVADA, Fl Respondent. DEC 2 2011 rid ak. .OWN 5t uiy

IMEI? DISMISSING APPEAL Ei Lir? CLERK

This is an appeal "from the Order entered in the Supreme Court of the State of Nevada NRAP 40B. No. 70576 on July 25, 2017 and the Order issued Remittitur on August 21, 2017." Fifth judicial District Court, Nye County; 'Robert W. Lane, judge. Our review of this appeal reveals a jurisdictional defect. Specifically, no statute or court provides for an appeal from an order denying a petition for review or a remittitur. See NRAP 4013(0 ("The Supreme Court's decision to grant or deny a petition is final and is not subject to further requests for rehearing or reconsideration."); Castitto u. 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 lack jurisdiction to consider this appeal, and we

ORDER this appeal DISMISSED.

ib b cies Pickering SUPREME COURT OF NEVADA

(01 1947A q3;) cc: Hon. Robert VV. Lane, District Judge Kenneth William Cardenas Attorney General/Carson City Nye County District Attorney Nye County Clerk

SUPREME COURT OF NEVADA 2 (0) 1947A ct

177711--

Reference

Status
Unpublished