IN THE SUPREME COURT OF THE STATE OF NEVADA
MITCHELL JOHN EASTERDAY, No. 81976
Appellant,
vs. MEC
THE STATE OF NEVADA,
Respondent. DEC 2 3 2020
CLEBIZAB
-.. - PR
A ELREOCONU R
By 401.k
DEPU CLERK
ORDER DISMISSING APPEAL
This is an appeal from a district court order denying a motion
to set aside a judgment of conviction pursuant to NRS 176A.260. Second
Judicial District Court, Washoe County; David A. Hardy, Judge.
Initial review of the notice of appeal revealed a potential
jurisdictional defect; no statute or court rule provides for an appeal from an
order denying a request to set aside a judgment of conviction. Castillo v.
State,
(1990) (the right to appeal is
statutory; where no statute or court rule provides for an appeal, no right to
appeal exists). Accordingly, this court ordered appellant to show cause why
this appeal should not be dismissed for lack of jurisdiction.
In response, appellant contends that the challenged order is
appealable because it relates back to the judgment of conviction, which is
an appealable order. Appellant also asserts that NRS 176A.260 is
retroactive and asserts that appellant will be left without a legal remedy if
no appeal is allowed. Respondent has filed a reply.
Appellant fails to demonstrate that the challenged order is
appealable. The order is not a judgment of conviction appealable under
NRS 177.015. And even assuming, without deciding, that NRS 176A.260 is
retroactive, that statute does not provide for an appeal from an order
SUPREME COURT
Of
NEVADA
MI 1947A 44Viltv
to
taild
denying a motion to set aside a judgment of conviction. Because no statute
or court rule appears to authorize an appeal from the challenged order, this
court lacks jurisdiction and
ORDERS this appeal DISMISSED.
1114"1
Pa'rraguirre 6411
Hardesty
, J.
Cadish
cc: Hon. David A. Hardy, District Judge
Washoe County Alternate Public Defender
Attorney General/Carson City
Washoe County District Attorney
Washoe District Court Clerk
SUPREME COURT
OF
NEVADA
(0) 1947A 401. 2
