Decastro (Duane) v. State

IN THE SUPREME COURT OF THE STATE OF NEVADA

DUANE DECASTRO, No. 84256 Appellant, vs. FILED THE STATE OF NEVADA,

Respondent. MAR 0 2022 ELIZABETH A. BROWN CLERK OF SUPREME COURT BY ORDER DISMISSING APPEAL DEPU rY CLERK

This is a pro se appeal from a district court order denying a pretrial petition for a writ of habeas corpus. First Judicial District Court, Carson City; James Todd Russell, Judge.

This court's review of this appeal reveals a jurisdictional defect. Specifically, no appeal lies from an order denying a pretrial petition for a writ of habeas corpus. Gary v. Sheriff, 96 Nev. 78, 605 P.2d 212 (1980) (order denying pretrial habeas relief is an intermediate order that may be challenged in a timely appeal from the judgment of conviction); Sheriff v. Gillock, 112 Nev. 213, 912 P.2d 274 (1996) (only the State may appeal from a district court order granting in part and denying in part a pretrial petition for a writ of habeas corpus). Accordingly, this court ORDERS this appeal DISMISSED.

, J.

Silver

, J.

Cadish

SUPREME COURT

OF

NEVADA

101 1947A ADD

02?- OLoq39 cc: Hon. James Todd Russell, District Judge Duane Decastro

Attorney General/Carson City

Carson City District Attorney

Carson City Clerk

Justin K. Champagne

SUPREME COURT

OF

NEVADA

(0) 1447A 4241#0