IN THE SUPREME COURT OF THE STATE OF NEVADA

MICHAEL KEVIN GARDENHIRE, No. 80649 Appellant, vs. THE STATE OF NEVADA, n Respondent.

FL CLER.' URI BY 13EitS)-'," CLUIK ORDER DISMISSING APPEAL This is a pro se appeal from a purported district court order denying a postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Cristina D. Silva, Judge.

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

Specifically, it appears that no decision had been made on the petition when appellant filed the notice of appeal on February 19, 2020. Rather, on January 22, 2020, the district court appointed counsel for appellant and set an evidentiary hearing. 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.

Gibbon

, J.

Stiglich Silver SUPREME COURT OF NEVADA

(0) 1947A zo - 10 r30 11111Wi - cc: Hon. Cristina D. Silva, District Judge Michael Kevin Gardenhire Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk Monique A. McNeill

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