Nevada Supreme Court, 2020

Orr (Addison) Vs. State

Orr (Addison) Vs. State
Nevada Supreme Court · Decided February 28, 2020

Orr (Addison) Vs. State

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

ADDISON FRANKLIN ORR, No. 80528 Appellant, vs. THE STATE OF NEVADA, Respondent.

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ORDER DISMISSING APPEAL This is a pro se appeal from district court orders denying motions to correct illegal sentence and vacate sentence and denying a motion for custody status. Ninth Judicial District Court, Douglas County; Thomas W. Gregory, Judge.

This coures review of this appeal reveals jurisdictional defects.

First, appellanes appeal from the order denying motions to correct illegal sentence and vacate sentence was untimely filed. The district court entered the order denying the motions on December 19, 2019.

However, the notice of appeal was not filed until February 3, 2020, well after the expiration of the 30-day appeal period prescribed by NRAP 4(b). "[Ain untimely notice of appeal fails to vest jurisdiction in this court." Lozada v. State, 110 Nev. 349, 352, 871 P.2d 944, 946 (1994). Second, no statute or court rule provides for an appeal from an order denying a motion SUPREME COURT OF NEVADA (0) 1947A Att. zo-ovvri for custody status. Castillo v. State, 106 Nev. 349, 792 P.2d 1133 (1990) (right to appeal is statutory: where no statute or court rule provides for an appeal, no right to appeal exists). Accordingly, this court ORDERS this appeal DISMISSED.

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i....k,.. .P. Alt., , J. J Hardesty Cadish

cc: Hon. Thomas W. Gregory, District Judge Addison Franklin Orr Attorney General/Carson City Douglas County District Attorney/Minden Douglas County Clerk

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