Public-domain · open source
OpenJurist

468 P.3d 377

Cruise (Robert) Vs. State

Nevada Supreme Court

Decided August 7, 2020

Nevada Supreme Court · decided 2020-08-07

Applies NV 177 § 177.015 · NV 177 § 177.045

Relies on Castillo v. State · Hargrove v. State

Decided 2020-08-07

       IN THE SUPREME COURT OF THE STATE OF NEVADA


ROBERT CRUISE,                                           No. 81464
                         Appellant,
              vs.
THE STATE OF NEVADA,
                  Respondent.


                                                        FILED
                                                        AUG 0 7 2020
                                                       EUTASETH A. !AMR
                                                     CLERK OF SUPREME COURT
                                                    By    'c •Vr
                                                          DEPUTY%-aLIZIZt




                     ORDER DISMISSING APPEAL

            This is a pro se notice of appeal from district court orders
denying a presentence motion to dismiss counsel and appoint alternate
counsel and denying a presentence motion to withdraw a guilty plea.
Eighth Judicial District Court, Clark County; Mary Kay Holthus, Judge.
            This court's review of this appeal reveals jurisdictional defects.
First, no statute or court rule provides for an appeal from an order denying
a presentence motion to dismiss counsel and appoint alternate counsel.
Castillo v. State, 
106 Nev. 349
, 
792 P.2d 1133
 (1990). Second, an order
denying a presentence motion to withdraw a guilty plea is not a final
appealable order; the decision may be challenged on appeal from the




                                                                         o -‘91/(77
                      judgment of conviction. NRS 177.015(3); NRS 177.045; Hargrove v. State,
                      
100 Nev. 498
, 
686 P.2d 222
 (1984). Accordingly, this court
                                  ORDERS this appeal DISMISSED.1




                                               Parraguirre


                            I                    , J.
                      Hardesty                                   Cadish




                      cc:   Hon. Mary Kay Holthus, District Judge
                            Robert Cruise
                            Attorney General/Carson City
                            Clark County District Attorney
                            Eighth District Court Clerk




                            'Given this order, no action will be taken on the pro se motion filed on
                      July 22, 2020.
SUPREME COURT
     OF
        NEVADA


ICI)   1947A 44011.                                          2

/468/p3d/377 · .json · Public domain