IN THE SUPREME COURT OF THE STATE OF NEVADA

JAVIER AGUILAR-ESPARZA, No. 77257 Appellant, vs. THE STATE OF NEVADA, in D Respondent. NOV 92018 cLEE1-kri2., t..10ART F01 v- ORDER DISMISSING APPEAL By, DEFI:11 I i; ERIC

This is a pro se appeal from a purported district court order dismissing a postconviction petition for a writ of habeas corpus. Second Judicial District Court, Washoe County; Lynne K. Simons, Judge. This court's review of this appeal reveals a jurisdictional defect. No decision had been made on the petition when appellant filed his appeal on October 22, 2018. Thus, the notice of appeal is premature. See NRS 177.015(3). Accordingly, we lack jurisdiction over this appeal, and we ORDER this appeal DISMISSED.

cc: Hon. Lynne K. Simons, District Judge Javier Aguilar-Esparza Attorney General/Carson City Washoe County District Attorney SUPREME COURT OF Washoe District Court Clerk NEVADA It-14 .4 347 (0) 1947A

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