Weber (Timmy) v. State (Death Penalty-Direct)

IN THE SUPREME COURT OF THE STATE OF NEVADA

TIMMY JOHN WEBER, No. 72734 Appellant, vs.

THE STATE OF NEVADA,

Respondent.

FILED JUL 2 6 2018 CLERK Q

ORDER DISMISSING APPEAL

This is an appeal from an amended judgment of conviction. Eighth Judicial District Court, Clark County; Douglas Smith, Judge. Upon review of the documents and briefs submitted in this matter, we conclude that appellant was not aggrieved by the amendment to his judgment of conviction as contemplated by NRS 177.015 (providing that the party aggrieved in a criminal action may appeal in certain circumstances). Appellant's argument to the contrary is unavailing as it is focused not on the amendment to the judgment of conviction but instead on the district court's refusal to grant him additional relief that he requested in a postconviction proceeding. That decision, which would be separately appealable under NRS 34.575(1), is not designated in the notice of appeal. Accordingly, we cannot consider it in this appeal. See Abdullah v. State, 129 Nev. 86, 90-91, 294 P.3d 419, 421-22 (2013) (discussing "general rule that an appealable judgment or order that is not designated in the notice

SUPREME COURT

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NEVADA - (0) 1947A a cannot be considered on appeal"). Because appellant is not aggrieved by the amended judgment of conviction, we

ORDER this appeal DISMISSED.

, C.J. Douglas ca4 uI J. Pickering

/ cn.

Hardesty so Parraguirre

J. Stiglich cc: Hon. Douglas Smith, District Judge

Federal Public Defender/Las Vegas

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk

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NEVADA e 2

I (01 1947A