Nevada Supreme Court, 2020

Peck (Frank) Vs. State

Peck (Frank) Vs. State
Nevada Supreme Court · Decided January 6, 2020

Peck (Frank) Vs. State

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

FRANK MILFORD PECK, No. 80103 Appellant, vS. THE STATE OF NEVADA, FILED Respondent. _cs,N 6 2620 EU A. BROWN CLE REME COURT ORDER DISMISSING APPEAL EY f.1LITY CLERK

This is a pro se appeal from district court orders "denying NRCP Rule 60(B) motion" and denying a "motion for leave to rehear NRCP Rule 60(b)(3) motion." Second Judicial District Court, Washoe County; Lynne K.

Simons, Judge.

This court's review of this appeal reveals a jurisdictional defect.

Specifically, no statute or court rule provides for an appeal from an order "denying NRCP Rule 60(B) motion" and an order denying a "motion for leave to rehear NRCP Rule 60(b)(3) motiod in a criminal matter. See Castillo v. State, 106 Nev. 349, 352, 792 P.2d 1133, 1135 (1990); see also Phelps v. State, 111 Nev. 1021, 1022-23, 900 P.2d 344, 344-45 (1995).

Accordingly, this court ORDERS this appeal DISMISSED.

eiekisaal LIZ414.,A) , J. , J.

Stiglich Silver SUPREME COURT OF NEVADA 70.00k (0) 1947A cc: Hon. Lynne K. Simons, District Judge Frank Milford Peck Attorney General/Carson City Washoe County District Attorney Washoe District Court Clerk

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