Banda (Richard) v. State

IN THE SUPREME COURT OF THE STATE OF NEVADA RICHARD BANDA, A/K/A TONY No. 78752 BANDA,

Appellant, vs. FILED THE STATE OF NEVADA,

Res • ondent. JUL 1 2 2019

ELIZA'..E114 A_ BROWN CLERK OF Si, PRUE COURT

ORDER DISMISSING APPEAL DEFU?;74=

This appeal was initiated by the filing of a pro se notice of appeal. Eighth Judicial District Court, Clark County; William D. Kephart, Judge.

Appellant filed a notice of appeal on May 6, 2019. The notice of appeal fails to identify any decisions of the district court. See NRAP 3(c)(1)(B). To the extent that appellant appeals from the order denying a "motion for an order to grant evidentiary hearing," no statute or court rule provides for an appeal from such an order. Castillo v. State, 106 Nev. 349, 792 P.2d 1133 (1990). To the extent that appellant appeals from the order denying a motion to modify sentence entered on January 14, 2019, the notice of appeal was untimely filed. Lozada v. State, 110 Nev. 349, 352, 871 P.2d 944, 946 (1994). Accordingly, this court

ORDERS this appeal DISMISSED.'

4`.°121 J. Parraguirre Cadish

SUPREME COURT 'Given this order, this court takes no action on the pro se document

OF NEVADA filed on May 22, 2019. (0) 1947A 01a0 jai -20173i cc: Hon. William D. Kephart, District Judge

Richard Banda Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT

OF NEVADA

,O) P347A