IN THE SUPREME COURT OF THE STATE OF NEVADA

STEPHEN CHOATE, No. 79942 Appellant, vs. THE STATE OF NEVADA, Respondent. DEC O9 M19 ELSZAE.q:TH A. BROWN CLERK OF -'311,,REME COURT BY 578-40-12t.r. . ORDER DISMISSING APPEAL DET LERK

This is a pro se appeal from a purported district court order denying a petition for a writ of habeas corpus. Fifth Judicial District Court, Nye County; Michael A. Cherry, Judge. This court's review of this appeal reveals a jurisdictional defect. Specifically, no decision had been made on the petition when appellant filed the appeal on October 29, 2019. Thus, the notice of appeal is premature. See NRS 177.015(3) (stating that a defendant only may appeal from a final judgment or verdict). Accordingly, this court ORDERS this appeal DISMISSED.

J. Pickering

Parraguirre Cadish

SUPREME COURT OF NEVADA

(0) 1947A q- cc: Chief Judge, The Fifth Judicial District Court Hon. Michael A. Cherry, Senior Justice Stephen Choate Attorney General/Carson City Nye County District Attorney Attorney General/Las Vegas Nye County Clerk

SUPREME COURT OF NEVADA

(0) 1947A At* 2 11111Mit Wit , 11-