Blandino (Kim) v. Leavitt

IN THE SUPREME COURT OF THE STATE OF NEVADA

KIM DENNIS BLANDINO, No. 85072

Appellant,

VS.

THE HONORABLE MICHELLE FILED

LEAVITT, DISTRICT JUDGE, riled

Respondent.

AUS 19 2022

., ELIZAGETH A. BROW.

CLERK OF SUPREME COURT ay...‘

DEPUTY CLERK ~

ORDER DISMISSING APPEAL

This is a pro se notice of appeal from an order of the district court dismissing without prejudice appellant’s presentence petition for a writ of habeas corpus. This court’s review of this appeal reveals a jurisdictional defect. Specifically, no appeal lies from an order dismissing without prejudice a presentence petition for a writ of habeas corpus.! See NRS 34.724(1) (stating that a person convicted of a crime and under sentence of death or imprisonment may file a postconviction petition for a writ of habeas corpus); see also State v. Lewis, 124 Nev. 132, 178 P.3d 146 (2008) (stating that an order entered before judgment of conviction is intermediate and not generally a final, appealable determination). The right to appeal is statutory; where no statute or court rule provides for an appeal, no right to appeal exists. See Castillo v. State, 106 Nev. 349, 352,

Supreme Court

Nevaba

OF

= sIies a

792, P.2d 1133, 1135 (1990). Accordingly, this court lacks jurisdiction to consider this appeal, and

ORDERS this appeal DISMISSED.°

W. Luor ) os.

Silver + (abi. __.»

Cadish

Pickering ec: Chief Judge, Eighth Judicial District Court

Eighth Judicial District Court, Department 12

Kim Dennis Blandino

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk

“Given this order, this court denies as moot the pro se emergency motion filed on July 26, 2022.