Nolan (Charles) v. State

IN THE SUPREME COURT OF THE STATE OF NEVADA

CHARLES NOLAN, No. 85574

Appellant, =D

VS. F k Lo E Eat

THE STATE OF NEVADA, so

Respondent. NOV 10 2022

AL BROWN

EME COURT

LE

ORDER DISMISSING APPEAL wy

This is a pro se notice of appeal from a district court order eranting in part and denying in part a motion for credit for time served. Because no statute or court rule permits an appeal from such an order, this court lacks jurisdiction to consider this appeal.! See Castillo v. State, 106 Nev. 349, 352, 792 P.2d 1133, 1135 (1990) (explaining that court has jurisdiction only when statute or court rule provides for appeal).

Accordingly, this court

ORDERS this appeal DISMISSED.?

4 be

Cadish p. J.

Pickering

1A claim for additional presentence credit is a challenge to the validity of the judgment of conviction and sentence and therefore must be raised in a postconviction petition for a writ of habeas corpus. See Griffin v. State, 122 Nev. 737, 744, 137 P.3d 1165, 1169 (2006). This court expresses no opinion as to whether appellant could meet the procedural requirements of NRS Chapter 34.

2The Honorable Mark Gibbons, Senior Justice, participated in the Supreme Court *tts x i decision of this matter under a general order of assignment.

OF

Nevapa

AB , 3~ 354415

ec. Hon. James Todd Russell, District Judge

Charles Nolan

Attorney General/Carson City

Carson City District Attorney

Carson City Clerk

Supreme Court

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NEvaDA

10) (997A RS